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PENNSYLVANIABULLETIN

Volume 31 Number 6Saturday, February 10, 2001 • Harrisburg, Pa.

Pages 773—914Agencies in this issue:

The CourtsDepartment of AgricultureDepartment of BankingDepartment of Environmental ProtectionDepartment of General ServicesDepartment of HealthDepartment of Public WelfareDepartment of RevenueDepartment of TransportationCommission on Crime and DelinquencyEnvironmental Quality BoardHistorical and Museum CommissionIndependent Regulatory Review CommissionInsurance DepartmentLiquor Control BoardMilk Marketing BoardOffice of General CounselPennsylvania Public Utility CommissionPhiladelphia Regional Port AuthorityPublic School Employees’ Retirement BoardState Board of NursingState Board of Vehicle Manufacturers, Dealers

and SalespersonsState Ethics CommissionTurnpike Commission

Detailed list of contents appears inside.

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Latest Pennsylvania Code Reporter(Master Transmittal Sheet):

No. 315, February 2001

PENNSYLVANIA

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published weekly by Fry Communications, Inc. for theCommonwealth of Pennsylvania, Legislative Reference Bu-reau, 647 Main Capitol Building, State & Third Streets,Harrisburg, Pa. 17120, under the policy supervision anddirection of the Joint Committee on Documents pursuant toPart II of Title 45 of the Pennsylvania ConsolidatedStatutes (relating to publication and effectiveness of Com-monwealth Documents). Subscription rate $82.00 per year,postpaid to points in the United States. Individual copies$2.50. Checks for subscriptions and individual copiesshould be made payable to ‘‘Fry Communications, Inc.’’Periodicals postage paid at Harrisburg, Pennsylvania.

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BULLETIN(ISSN 0162-2137)

ContentsTHE COURTS

LOCAL COURT RULESBeaver CountyLocal rules of civil procedure; no. 10130 of 2001 . . . . . 780

Bradford CountyRules of criminal procedure no. 303 . . . . . . . . . . . . . . . . 785

Clinton CountyRules of miscellaneous procedures and rules of civil

procedure; no. 29 January term 1976 . . . . . . . . . . . . . 786

Northampton CountyAdministrative order 2001-1—alternative sentenc-

ing program for D.U.I. second offenders; misc.7-2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 786

EXECUTIVE AGENCIESDEPARTMENT OF AGRICULTURENoticesRepeal of quarantine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 825

DEPARTMENT OF BANKINGNoticesAction on applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 825

DEPARTMENT OF ENVIRONMENTAL PROTECTIONNoticesApplications, actions and special notices . . . . . . . . . . . . 829Coastal Zone Management Program. . . . . . . . . . . . . . . . . 886

DEPARTMENT OF GENERAL SERVICESNoticesContract awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 914State contracts information . . . . . . . . . . . . . . . . . . . . . . . . 904

DEPARTMENT OF HEALTHNoticesOrgan Donation Advisory Committee meeting . . . . . . . 887Pennsylvania Cancer Control Prevention and Re-

search Advisory Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 887Preventive Health and Health Services Block Grant

Advisory Committee meeting . . . . . . . . . . . . . . . . . . . . 887

DEPARTMENT OF PUBLIC WELFARENoticesList of Behavioral Health Managed Care Organ-

izations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 888Plan to implement HealthChoices; public meeting. . . . 889

DEPARTMENT OF REVENUENoticesPennsylvania Go for the Green instant lottery game . 889Pennsylvania Pot O’ Gold ’01 instant lottery game . . . 892

DEPARTMENT OF TRANSPORTATIONNoticesApplication for lease of right-of-way. . . . . . . . . . . . . . . . . 893

COMMISSION ON CRIME AND DELINQUENCYProposed RulemakingDeputy Sheriffs’ Education and Training Board . . . . . . 788

ENVIRONMENTAL QUALITY BOARDProposed RulemakingHousehold hazardous waste . . . . . . . . . . . . . . . . . . . . . . . . 796Radiological health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 792

HISTORICAL AND MUSEUM COMMISSIONNoticesNational Register nominations to be considered by

the Historic Preservation Board . . . . . . . . . . . . . . . . . . 893

INDEPENDENT REGULATORY REVIEWCOMMISSION

NoticesNotice of filing of final rulemakings . . . . . . . . . . . . . . . . 894INSURANCE DEPARTMENTNoticesAmendments to Insurance Holding Companies Law;

notice no. 2001-01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 894Amendments to Insurance Holding Companies Law

(PPOs); notice no. 2001-02. . . . . . . . . . . . . . . . . . . . . . . . 895Application for approval to acquire control of Reli-

ant Insurance Company . . . . . . . . . . . . . . . . . . . . . . . . . . 895Dolores Roach; hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895Highmark Blue Cross Blue Shield filing; requesting

approval to increase rates for COMPLETEcarePlan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 896

Progressive Northern Insurance Company; privatepassenger automobile rate revision. . . . . . . . . . . . . . . . 896

Three Rivers Health Plans, Inc.; HCFA UB-92 claimform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 896

LIQUOR CONTROL BOARDNoticesExpiration of leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 897MILK MARKETING BOARDNoticesHearing and presubmission schedule for all milk

marketing areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 897

OFFICE OF GENERAL COUNSELNoticesBond counsel invitation to qualify . . . . . . . . . . . . . . . . . . 898PENNSYLVANIA PUBLIC UTILITY COMMISSIONProposed RulemakingNatural gas emergency plans and emergency ac-

tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 805Rulemaking re generic competitive safeguards; doc.

no. L-00990141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 809NoticesPennsylvania Public Utilities Commission, Law Bu-

reau Prosecuting Staff v. QUEST Telecommunica-tions, Inc.; doc. no. C-00004124; A-310181 . . . . . . . . . 898

Railroad (3 documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 899Service of notice of motor carrier. . . . . . . . . . . . . . . . . . . . 899Sewer service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900Telecommunications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900

775

Now Available Online at http://www.pabulletin.com

PENNSYLVANIA BULLETIN, VOL. 31, NO. 6, FEBRUARY 10, 2001

PHILADELPHIA REGIONAL PORT AUTHORITYNoticesRequest for bids (2 documents) . . . . . . . . . . . . . . . . .900, 901

PUBLIC SCHOOL EMPLOYEES’ RETIREMENTBOARD

NoticesHearings scheduled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 901

STATE BOARD OF NURSINGProposed RulemakingGeneral revisions of the professional nursing provi-

sions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 809

STATE BOARD OF VEHICLE MANUFACTURERS,DEALERS AND SALESPERSONS

Proposed RulemakingConsignment sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 822

STATE ETHICS COMMISSIONNoticesPublic meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 901

TURNPIKE COMMISSIONNoticesRetention of engineering firm . . . . . . . . . . . . . . . . . . . . . . 901

776


READER’S GUIDE TO THEPENNSYLVANIA BULLETINAND PENNSYLVANIA CODE

Pennsylvania BulletinThe Pennsylvania Bulletin is the official gazette of

the Commonwealth of Pennsylvania. It is publishedevery week and includes a table of contents. Acumulative subject matter index is published quar-terly.

The Pennsylvania Bulletin serves several pur-poses. First, it is the temporary supplement to thePennsylvania Code, which is the official codificationof agency rules and regulations and other statuto-rily authorized documents. Changes in the codifiedtext, whether by adoption, amendment, repeal oremergency action must be published in the Pennsyl-vania Bulletin. Further, agencies proposing changesto the codified text do so in the PennsylvaniaBulletin.

Second, the Pennsylvania Bulletin also publishes:Governor’s Executive Orders; State Contract No-tices; Summaries of Enacted Statutes; Statewideand Local Court Rules; Attorney General Opinions;Motor Carrier Applications before the Public UtilityCommission; Applications and Actions before theDepartment of Environmental Protection; Orders ofthe Independent Regulatory Review Commission;and other documents authorized by law.

The text of certain documents published in thePennsylvania Bulletin is the only valid and enforce-able text. Courts are required to take judicial noticeof the Pennsylvania Bulletin.

Adoption, Amendment or Repeal ofRegulations

Generally an agency wishing to adopt, amend orrepeal regulations must first publish in the Pennsyl-vania Bulletin a Notice of Proposed Rulemaking.There are limited instances where the agency mayomit the proposal step; they still must publish theadopted version.

The Notice of Proposed Rulemaking contains thefull text of the change, the agency contact person, afiscal note required by law and background for theaction.

The agency then allows sufficient time for publiccomment before taking final action. An adoptedproposal must be published in the Pennsylvania

Bulletin before it can take effect. If the agencywishes to adopt changes to the Notice of ProposedRulemaking to enlarge the scope, they must re-propose.

Citation to the Pennsylvania BulletinCite material in the Pennsylvania Bulletin by

volume number and page number. Example: Volume1, Pennsylvania Bulletin, page 801 (short form: 1Pa.B. 801).

Pennsylvania CodeThe Pennsylvania Code is the official codification

of rules and regulations issued by Commonwealthagencies and other statutorily authorized docu-ments. The Pennsylvania Bulletin is the temporarysupplement to the Pennsylvania Code, printingchanges as soon as they occur. These changes arethen permanently codified by the PennsylvaniaCode Reporter, a monthly, loose-leaf supplement.

The Pennsylvania Code is cited by title numberand section number. Example: Title 10 Pennsylva-nia Code, § 1.1 (short form: 10 Pa.Code § 1.1).

Under the Pennsylvania Code codification system,each regulation is assigned a unique number bytitle and section. Titles roughly parallel the organi-zation of Commonwealth government. Title 1 Penn-sylvania Code lists every agency and its correspond-ing Code title location.

How to Find DocumentsSearch for your area of interest in the Pennsylva-

nia Code.The Pennsylvania Code contains, as Finding Aids,

subject indexes for the complete Code and for eachindividual title, a list of Statutes Used As Authorityfor Adopting Rules and a list of annotated cases.Source Notes give you the history of the documents.To see if there have been recent changes, not yetcodified, check the List of Pennsylvania Code Chap-ters Affected in the most recent issue of the Penn-sylvania Bulletin.

The Pennsylvania Bulletin also publishes a quar-terly List of Pennsylvania Code Sections Affectedwhich lists the regulations in numerical order,followed by the citation to the Pennsylvania Bulle-tin in which the change occurred.

SUBSCRIPTION INFORMATION: (717) 766-0211GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530

777


Printing FormatMaterial proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be

deleted from such a rule or regulation is enclosed in brackets [ ] and printed in bold face. Asterisks indicate ellipsisof Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary styleface.

Fiscal NotesSection 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal

note for regulatory actions and administrative procedures of the administrative departments, boards, commissions orauthorities receiving money from the State Treasury stating whether the proposed action or procedure causes a lossof revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal notebe published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscalnote shall provide the following information: (1) the designation of the fund out of which the appropriation providing forexpenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program isimplemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history ofthe program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of itsimplementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item,if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealthfunds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretaryof the Budget and the reasons therefor.

The required information is published in the foregoing order immediately following the proposed change to which itrelates; the omission of an item indicates that the agency text of the fiscal note states that there is no informationavailable with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in thatorder, following the year the program is implemented, which is stated. In item (4) information is set forth for thecurrent and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by theSecretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ ispublished, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivisionis intended.

Reproduction, Dissemination or Publication of InformationThird parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce,

disseminate or publish such information except as provided by 1 Pa. Code § 3.44. 1 Pa. Code § 3.44 reads as follows:

§ 3.44. General permission to reproduce content of Code and Bulletin.Information published under this part, which information includes, but is not limited to, cross references, tables of

cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codificationguides, other than the actual text of rules or regulations may be reproduced only with the written consent of theBureau. The information which appears on the same leaf with the text of a rule or regulation, however, may beincidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for theprivate use of a subscriber and not for resale. There are no other restrictions on the reproduction of informationpublished under this part, and the Commonwealth hereby consents to a reproduction.

778


List of Pa. Code Chapters AffectedThe following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents

published in the Pennsylvania Bulletin during 2001.

4 Pa. Code (Administration)Statements of Policy9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 648

17 Pa. Code (Conservation and Natural Resources)44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650

25 Pa. Code (Environmental Protection)Adopted Rules86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235287 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235288 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235289 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235291 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235293 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235295 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235297 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235299 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2351021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438

Proposed Rulemaking221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 792227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 792228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 792261a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 796271 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 796272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 796977 (correction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

31 Pa. Code (Insurance)Adopted Rules89 (correction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

37 Pa. Code (Law)Proposed Rulemaking421 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 788

40 Pa. Code (Liquor)Adopted Rules5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4307 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4309 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430

49 Pa. Code (Professional and Vocational Standards)Adopted Rules11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147, 15140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537

Proposed Rules19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 809

52 Pa. Code (Public Utilities)Adopted Rules64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641

Proposed Rules59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80563 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 809

210 Pa. Code (Appellate Procedure)Adopted Rules3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627

225 Pa. Code (Rules of Evidence)Proposed RulemakingArticle I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405Article VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406Article VIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406Article IX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407

231 Pa. Code (Rules of Civil Procedure)Adopted Rules100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .410, 6271500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6292120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1372150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1372170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137Part II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Proposed Rulemaking200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411, 4151000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411, 4153000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416

237 Pa. Code (Juvenile Rules)Unclassified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630

249 Pa. Code (Philadelphia Rules)Unclassified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534

252 Pa. Code (Allegheny County Rules)Unclassified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630

255 Pa. Code (Local Court Rules)Unclassified . . . . . . . . . . . . . . . . . . . . . . 9, 139, 418, 423, 424,

534, 535, 536, 638, 639, 640,780, 785, 786

779


THE COURTSTitle 255—LOCAL COURT

RULESBEAVER COUNTY

Local Rules of Civil Procedure; No. 10130 of 2001

OrderAnd Now, this 24th day of January, 2001, The Beaver

County Local Rules of Civil Procedure are amended asfollows;

1. L. R. No. 211 C, L. R. No. 212.1(B)(2), L. R. No. 229A and 229 B are amended to read as hereinafter set forth.

2. New Rules L. R. 213, L. R. 213A, L. R. 213B, L. R.223, L. R. 1308, L. R. 4011, L. R. 4017 and L. R. 4020 arepromulgated to read as hereinafter set forth.

3. This Order and the amended and new rules shall beeffective thirty (30) days after publication in the Pennsyl-vania Bulletin. The Court Administrator of BeaverCounty shall submit seven (7) certified copies of thisOrder and the attachments to the Administrative Office ofPennsylvania Courts, two (2) certified copies to theLegislative Reference Bureau for publication in the Penn-sylvania Bulletin, one (1) certified copy to the CivilProcedural Rules Committee of the Pennsylvania Su-preme Court and one (1) with the Prothonotary of BeaverCounty to be kept for public inspection and copying.By the Court

ROBERT C. REED,President Judge

RULE L211C—Briefing Schedule.(1) The moving party’s brief shall be submitted to the

Court Administrator and served in accordance with thefollowing schedule:

(a) where the moving party files the praecipe forargument, not later than simultaneously therewith;

(b) where the responding party files the praecipe forargument or the court orders the matter on the argumentlist, at least twenty (20) days prior to the argument date;

If the moving party fails to timely submit a brief, thecourt may deny the relief sought or impose other sanc-tions.

(2) The responding party’s brief shall be submitted tothe Court Administrator and served at least ten (10) daysprior to the argument date provided that the movingparty’s brief has been timely served. If the brief is nottimely submitted, the court may prohibit the respondingparty from presenting oral argument or may impose othersanctions.RULE L212.1. Civil Actions. Certification For Trial.

Time for Initiating Motions for Pre-Trial Judg-ment or Discovery.

A. All civil actions which are to be tried by a jury maybe tried, at the earliest, during the term of trials nextfollowing the filing of a Certificate of Readiness for Trial.

Note: This provision is intended to constitute the NoticeRequired by Pa. R.C.P. No. 212.1(a).

B. (1) A civil action shall be certified for trial by filingwith the Prothonotary of Beaver County a Certificate ofReadiness for Trial. A copy of the Certificate of Readiness

for Trial shall likewise be transmitted by the movingparty to the Court Administrator of Beaver County.

(2) No case may be certified for trial without havingfirst given at least sixty (60) days written notice ofintention to do so to all other parties or their counsel ofrecord.

The notice of intent to certify for trial shall be given tocounsel for all parties in all companion cases. Thereafter,the filing of a certificate of readiness for trial shalloperate as the certification for trial of all companion casesunless exceptions thereto are filed pursuant to subdivi-sion five (5) hereof.

(3) After a case has been certified for trial, no motionfor judgment on the pleadings or for summary judgmentmay be filed without having first secured leave of court todo so for cause shown.

(4) After a case has been certified for trial, no discov-ery, including an independent medical examination, maybe initiated without having first secured leave of court todo so for cause shown.

(5) Any other party may file exceptions to the certifi-cate of readiness within ten (10) days of the filing thereof.The exceptions shall be presented to the judge assigned toreceive civil motions after notice pursuant to Rule L206Bhas been given.

Note: The purpose of subdivision (2) is to provide partieswith an opportunity to initiate appropriate pre-trial pro-cedures prior to the certification of the case for trial.Failure to do so prior to certification for trial may resultin the waiver of the right to do so under subdivisions (3)and (4).

L.R. 229A. Sanctions for Failure to Deliver Settle-ment Funds.

(A) As used in this rule, the following words shall havethe following meaning:

‘‘Released Party.’’ A party released from a claim orclaims of liability by a release executed pursuant to anagreement of settlement.

‘‘Releasing Party.’’ A party who, by execution of arelease pursuant to an agreement of settlement, hasagreed to forego a claim or claims of liability against aReleased Party.

‘‘Settlement Funds.’’ Payment, by a Released Party inany form of monetary exchange, to a Releasing Partypursuant to an agreement of settlement.

(B) The provisions of this rule shall not apply to theannuity or future installment portion of a structuredsettlement agreement.

(C) The Releasing Party and Released Party may agreein writing to modify or waive any of the provisions of thisrule.

(D) A Released Party shall have twenty (20) calendardays from receipt of an executed release or, if appropriate,an order of court approving settlement, within which todeliver the settlement funds to the Releasing Party or itscounsel.

(E) If settlement funds are not delivered to the Releas-ing Party or its counsel within aforesaid twenty-dayperiod, the Releasing Party may:

780


(1) invalidate the settlement; or

(2) present to the Court a Petition for Sanctions whichshall include: (a) an affidavit attesting to nonpayment; (b)a copy of any document evidencing the terms of thesettlement agreement; (c) a copy of the executed release;(d) a copy of a receipt reflecting delivery of the executedrelease more than twenty (20) days prior to the date offiling of the Petition; and (e) the form of Order specifiedin paragraph (G) below. The attorney shall certify to theCourt the applicable interest rate specified in paragraph(F) below and shall certify that the Petition and itsaccompanying documents have been served on all inter-ested counsel.

(F) Upon receipt of the Rule to Show Cause, thePetition and its supporting documentation required byparagraph (E)(2) above, the Released Party shall havetwenty (20) days to file an Answer to the Rule andthereafter shall conduct discovery and appear for ahearing, if the Court deems it necessary. If the Courtfinds that the Released Party has violated this local ruleand that there is no material dispute as to the terms ofthe settlement or the terms of the release, the Court shallimpose sanctions in the form of simple interest at a rateequal to the coupon yield equivalent (as determined bythe Secretary of the U.S. Department of Treasury) of theaverage accepted auction price for 52-week U.S. TreasuryBills at the auction last preceding the date on which thePetition was filed, running from the twenty-first day tothe date of delivery of the settlement funds; reasonableattorneys’ fees incurred in the preparation and presenta-tion of the Petition and any subsequent action relatedthereto; and such other sanction as the Court deemsnecessary, including liquidated damages not in excess of10% of the settlement funds.

(G) The Petition shall be accompanied by two Orders insubstantially the following form:

ORDER

AND NOW, this day of , 20 , a Ruleis issued upon to show cause why sanctionsshould not be imposed for failure to deliver settlementfunds to or within twenty (20)days after receipt of an executed release. Rule returnabletwenty (20) days hereafter, or , 20 , bywhich time an Answer shall be filed. If necessary, ahearing or discovery on this matter will be held followingthe return of the Rule at a time or in a manner to bedesignated by the Court. Thereafter, an appropriate Or-der shall be entered.

BY THE COURT

J.

ORDER

AND NOW, this day of , 20 , uponconsideration of the Petition for Sanctions and its attach-ments, the Answer thereto, and upon a finding thatpayment was not made to orwithin twenty days of receipt of the executed release inthe above captioned action, and conduct in fail-ing to deliver the settlement funds is dilatory, obdurateand vexatious, it is hereby ORDERED and DECREEDthat in addition to the settlement funds of $( ), is

ordered to pay forthwith simple interest thereon at therate of from to the date of delivery ofthe settlement funds, together with $ in attorneys’fees, and $ in liquidated damages, pursuant toBeaver County Local Rule 229A.

BY THE COURT

J.

L.R.229B. Sanctions For Failure to Pay an AwardFrom an Arbitration or Dispute Resolution FromWhich No Appeal Has Been Taken.

(A) As used in this rule, the following words shall havethe following meaning:

‘‘Award.’’ The finding of a Board of Arbitration, anarbitrator(s), or a dispute resolution proceeding whichcompels payment, in any form of monetary exchange, to aprevailing party from a non-prevailing party.

(B) The provisions of this rule shall not apply to theannuity or future installment portion of a structuredsettlement award.

(C) The Prevailing Party and Non-prevailing Partymay agree in writing to modify or waive any of theprovisions of this rule.

(D) A Non-prevailing Party shall have thirty-five (35)calendar days from receipt of an award within which todeliver the award to the prevailing Party or its counsel.

(E) If awarded funds are not delivered to the Prevail-ing Party or its counsel within aforesaid thirty-five dayperiod, the Prevailing Party may present to the Court aPetition for Sanctions which shall include: (a) an affidavitattesting to nonpayment; (b) a copy of any documentevidencing the procedural history of the matter; (c) a copyof the award; (d) a copy of a receipt reflecting delivery ofthe award more than thirty-five (35) days prior to thedate of filing of the Petition; and (e) the form of Orderspecified in paragraph (G) below. The attorney shallcertify to the Court the applicable interest rate specifiedin paragraph (F) below and shall certify that the Petitionand its accompanying documents have been served on allinterested counsel.

(F) Upon receipt of the Rule to Show Cause, thePetition and its supporting documentation required byparagraph (E) above, the Non-prevailing Party shall havetwenty (20) days to file an Answer to the Rule andthereafter shall conduct discovery and appear for ahearing, if the Court deems necessary. If the Court findsthat the Non-prevailing Party has violated this local ruleand that there is no material dispute as to the terms ofthe award, the Court shall impose sanctions in the formof simple interest at a rate equal to the coupon yieldequivalent (as determined by the Secretary of the U.S.Department of Treasury) of the average accepted auctionprice for 52-week U.S. Treasury Bills at the auction lastpreceding the date on which the Petition was filed,running from the thirty-fifth day to the date of delivery ofthe award; reasonable attorneys’ fees incurred in thepreparation and presentation of the Petition and anysubsequent action related thereto; and such other sanc-tion as the Court deems necessary, including liquidateddamages not in excess of 10% of the award.

(G) The Petition shall be accompanied by two Orders insubstantially the following form:

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ORDERAND NOW, this day of , 20 ,

a Rule is issued upon to show cause whysanctions should not be imposed for failure to deliverawarded funds to or within thirty-five (35) days after receipt of an award. Rule returnabletwenty (20) days hereafter, or , 20 , bywhich time an Answer shall be filed. If necessary, ahearing or discovery on this matter will be held followingthe return of the Rule at a time or in a manner to bedesignated by the Court. Thereafter, an appropriate Or-der shall be entered.

BY THE COURT

J.ORDER

AND NOW, this day of , 20 ,upon consideration of the Petition for Sanctions and itsattachments, the Answer thereto, and upon a finding thatpayment was not made to orwithin thirty-five days of receipt of the award in theabove captioned action, and conduct in fail-ing to deliver the awarded funds is dilatory, obdurate andvexatious, it is hereby ORDERED and DECREED that inaddition to the award of $( ), isordered to pay forthwith simple interest thereon at therate of on $( ) fromto the date of delivery of the awarded funds, togetherwith $( ) in attorneys’ fees, and $in liquidated damages, pursuant to Beaver County LocalRule 229B.

BY THE COURT

J.L.R. 213. Joinder of Cases.

All Orders which join separately filed actions shallspecify whether the joinder is intended to provide for ajoint trial or hearing, or is intended to consolidate theactions for all purposes. The Order shall further specifythe caption(s) and court number(s) to be utilized thereaf-ter.L.R. 213A. Motion for Joint Hearing or Trial.

All Motions for a Joint Hearing or Trial shall contain aProposed Order of Court in substantially the followingform:

(Caption)

ORDERAND NOW, this day of , upon

consideration of the foregoing Motion for Joint Hearing orTrial, it is hereby ORDERED and DECREED that a jointhearing or trial shall be held in the cases of ,

filed at No. , and ,filed at No. . Each case shall maintain itsseparate caption and case number. The Prothonotaryshall docket this Order at both case numbers and shallplace a duplicate copy of same in the file at No. . Allfuture filings shall be docketed and maintained sepa-rately at the case number they relate to.

BY THE COURT

J.

L.R. 213B. Motion For Consolidation.

All Motions to Consolidate shall contain a ProposedOrder of Court in substantially the following form:

(Caption)

ORDER

AND NOW, this day of , upon considerationof the foregoing Motion to Consolidate, it is herebyORDERED and DECREED that the cases of atNo. , and at No. , shall be consolidatedfor all purposes at No. . The Prothonotary shalltransfer all previous filings at No. to the consoli-dated case number at No. . All future filings shallbe captioned and docketed as follows:

vs.

and No.

vs.

BY THE COURT

J.

Note: Rules L.213, L.213A and L.213B are intended toclarify for the parties, Court, Prothonotary and AppellateCourts, the intended effect of a joinder and whether thecases are to have a separate or consolidated identity asdiscussed by the Pennsylvania Superior Court in Keefer v.Keefer, 741 A.2d 808 (Pa. Super. 1999).

L.R. 223. Custody and Storage of Trial Exhibits.

A. All non-documentary exhibits and documentary ex-hibits larger than 8.5 × 11 inches shall remain in thecustody of the moving party and shall be removed fromthe courthouse at the conclusion of the trial. Suchexhibits shall be produced upon order of the trial judge todo so.

B. Any party desiring to utilize a magnified copy of adocument or photograph or image at trial shall firstsubmit the original or a copy thereof to be marked as anexhibit for receipt into evidence.

Note: The purpose of this rule is to eliminate problemsencountered by the court stenographers relating to cus-tody and storage of large exhibits. The rule is notintended to limit the exhibits which are either shown tothe jury or sent out with the jury during deliberation.

L.R. 1308. Discovery.

Discovery in cases subject to these rules shall begoverned by L.R. 4011.

L.R. 4011. Limitation of Scope of Discovery andDeposition.

In order to avoid unreasonable annoyance or expense,all requests for discovery or depositions in cases governedby Rule L1301A et seq. (relating to compulsory arbitra-tion) shall be limited in scope to the standard interrogato-ries, attached hereto as Form A and Form B, unless leaveof court to seek additional discovery is first secured forcause shown.

782 THE COURTS


FORM A

IN THE COURT OF COMMON PLEAS OF BEAVERCOUNTY

PENNSYLVANIA

CIVIL ACTION, :

Plaintiff, ::

vs. : No.:

, :Defendant. :

PLAINTIFF’S ARBITRATION DISCOVERY

REQUESTS FOR PERSONAL INJURY CLAIMSThese discovery requests are directed to .

Within thirty (30) days following receipt of these re-quests, you shall provide the information sought in thesediscovery requests to every other party in this lawsuit.

IDENTITY OF DEFENDANT(S)1. Set forth your full name and address.

INSURANCE2. (a) Is there any insurance agreement that may

provide coverage to you for this incident? YesNo

(b) If so, list the name of each company and theamount of protection that may be available.

WITNESSES3. List the names, present addresses and telephone

numbers (if known) of any persons who witnessed theincident (including related events before and after theincident) and any relationship between the witness andyou.

STATEMENTS AND OTHER WRITINGS4. (a) Do you have any written or oral statements from

any witnesses, including the defendant? YesNo

(b) If you answered yes, attach any written statementssigned, adopted or approved by any witness, attach awritten summary of any other statements (including oralstatements), and identify any witnesses from whom youobtained a stenographic, mechanical, electrical or otherrecording that has not been transcribed. (This requestdoes not cover a statement made by a party to thatparty’s attorney.)

I have have not fully compliedwith request 4(b).

(c) Do you have any photographs, maps, drawings,diagrams, etc. that you may seek to introduce at trial?Yes No .

(d) If you answered yes, attach each of these docu-ments. I have have not fully com-plied with request 4(d).

MEDICAL DOCUMENTS5. (a) Do you have any medical documents relating to

the plaintiff? Yes No

(b) If you answered yes, attach each of these docu-ments. I have have not fully com-plied with request 5(b).

CRIMINAL CHARGES6. (a) Were any felony or misdemeanor criminal

charges filed against you or any of your agents as a resultof the incident that is the subject of this lawsuit?Yes No

(b) If you answered yes, list each felony or misde-meanor charge that is pending and each felony or misde-meanor conviction.

(c) Were you ever convicted of a crime that involveddishonesty or false statement, whether by verdict, or byplea of guilty or nolo contendere? YesNo.

(d) If you answered yes, list the charge you wereconvicted of, the court where the conviction was enteredand the date of the conviction.

Defendant verifies the statements made herein are trueand correct. Defendant understands that false statementsherein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsifications to authori-ties.

Date:Defendant

FORM BIN THE COURT OF COMMON PLEAS OF BEAVER

COUNTYP E N N S Y L V A N I A

CIVIL ACTION, :

Plaintiff, ::

vs. : No.:

, :Defendant. :

DEFENDANT’S ARBITRATION DISCOVERYREQUESTS FOR PERSONAL INJURY CLAIMS

These discovery requests are directed to .Within thirty (30) days following receipt of these re-

quests, you shall provide the information sought in thesediscovery requests to every other party in this lawsuit.

IDENTITY OF PLAINTIFF(S)1. Set forth your full name and address.

WITNESSES2. List the names, present addresses and telephone

numbers (if known) of any persons who witnessed theincident (including related events before and after theincident) and any relationship between the witness andyou.

STATEMENTS AND OTHER WRITINGS3. (a) Do you have any written or oral statements from

any witnesses, including the defendant? YesNo

(b) If you answered yes, attach any written statementssigned, adopted or approved by any witness, attach awritten summary of any other statements (including oralstatements), and identify any witnesses from whom youobtained a stenographic, mechanical, electrical or otherrecording that has not been transcribed. (This requestdoes not cover a statement made by a party to thatparty’s attorney.)

I have have not fully compliedwith request 3(b).

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(c) Do you have any photographs, maps, drawings,diagrams, etc. that you may seek to introduce at trial?Yes No .

(d) If you answered yes, attach each of these docu-ments. I have have not fully com-plied with request 3(c).MEDICAL INFORMATION CONCERNING PERSONAL

INJURY CLAIM4. (a) Have you received any inpatient or outpatient

treatment from any hospital for any injuries or othermedical conditions for which you seek damages in thislawsuit? Yes No

(b) If you answered yes, list the names of the hospitals,the names and addresses of the attending physicians, andthe dates of hospitalization.

(c) Have you received any chiropractic treatment forany injures or other medical conditions for which youseek damages in this lawsuit? Yes No

(d) If you answered yes, list the name and address ofeach chiropractor and the dates of treatment.

(e) Have you received any other medical treatment notcovered by the previous interrogatories for any injuries orother medical conditions for which you seek damages inthis lawsuit? Yes No

(f) If you answered yes, list the names and addresses ofeach physician or other treatment provider and the datesof treatment.

(g) Attach complete hospital and office records coveringthe injuries or other medical conditions for which youseek damages for each hospital, chiropractor, and othermedical provider identified in response to interrogatories4(b), 4(d) and 4(f) or authorizations for these records.

I have have not fully compliedwith request 4(g).

OTHER MEDICAL INFORMATION5. (a) List the name and address of your family physi-

cian for the period from five (5) years prior to the incidentto the present date.

(b) Have you received inpatient or outpatient treat-ment for injuries or physical problems that are not part ofyour claim in this lawsuit from any hospital or medicaloffice within the period from five (5) years prior to theincident to the present date? Yes No

(c) If you answered yes, attach a separate sheet whichlists the name and address of the hospital or medicaloffice, the date of each treatment, the reasons for thetreatment, and the length of the hospitalization.

(d) Have you received chiropractic treatment for inju-ries or physical problems that are not part of your claimin this lawsuit from any hospital within the period fromfive (5) years prior to the incident to the present date?Yes No

(e) If you answered yes, attach a separate sheet whichlists the chiropractor’s name and address, the dates of thetreatment, and the reasons for the treatment.

(f)nHave you received any other medical treatment forinjuries or physical problems that are not part of yourclaim in this lawsuit within the period from five (5) yearsprior to the incident to the present date? YesNo

(g) If you answered yes, attach a separate sheet whichlists the name and address of the medical treatmentprovider, the dates of the treatment, and the reasons forthe treatment.

I have have not fully compliedwith requests 5(c), 5(e) and 5(g).

WORK LOSS6. (a) Have you sustained any injuries which resulted

in work loss within the period from five (5) years prior tothe incident to the present date?

(b) If you answered yes, for each injury list the date ofthe injury, the nature of the injury, and the dates of thelost work.

7. If a claim is being made for lost income, state thefollowing information:

(a) the name and address of your employer at the timeof the incident;

(b) the name and address of your immediate supervisorat the time of the incident;

(c) your rate of pay;(d) the dates of work loss due to the injuries from this

alleged accident; and(e) the total amount of your work loss claim.

OTHER BENEFITS8. (a) If you are raising a claim for medical benefits or

lost income, have you received or are you eligible toreceive benefits from Workers’ Compensation or anyprogram, group contract, or other arrangement for pay-ment of benefits as defined by Title 75 P. S. § 1719(b)?Yes No

(b) If you answered yes, set forth the type and amountof these benefits.

INSURANCE INFORMATION9. (a) Are you subject to the ‘‘Limited Tort Option’’ or

‘‘Full Tort Option’’ as defined in Title 75 P. S. § 1705 (a)and (b)?

Limited Tort Option (no claim is made fornonmonetary damages)

Limited Tort Option (claim is made fornonmonetary damages because the injuries fall within thedefinition of serious injury or because one of the excep-tions set forth in 75 P. S. § 1705(d)(1)-(3) applies).

Full Tort Option(b) (Applicable only if you checked ‘‘Full Tort Option’’.)

Describe each vehicle (make, model and year) in yourhousehold.

(c) (Applicable only if you checked ‘‘Full Tort Option.’’)Attach a copy of the Declaration Sheet for the automobileinsurance policy covering each automobile in your house-hold.

I have have not fully compliedwith request 9(c).

Plaintiff verifies the statements made herein are trueand correct. Plaintiff understands that false statementsherein are made subject to the penalties of 18 Pa. C.S.§ 4904 relating to unsworn falsifications to authorities.

Date:

PlaintiffL.R. 4017.1. Use of Videotape Depositions at Trial.

The trial judge may refuse permission to use a video-tape deposition at trial if either the audio or videoportions of the tape are of poor quality. Prior to offering avideotape deposition of a witness at trial, counsel for theproponent of the deposition shall file a certification thathe or she has reviewed the videotape and that both the

784 THE COURTS


audio and the video portions thereof are of good quality.Failure to comply with this rule may result in the refusalof permission to use the videotape at the time of trial.

Material to which objection has been sustained shall beexcluded at trial by ‘‘fast forward’’ by the video machineoperator so as to eliminate both the image and the soundof the objectionable material. A copy of the stenographictranscript of the deposition shall be delivered to the courtstenographer with redacted portions, if any, clearlymarked, before the close of the parties’ case in which thedeposition was utilized.

Note: The videotape should be marked as an exhibitand physical custody thereof remain with counsel for theproponent subject to surrender to the court upon order todo so pursuant to L.R. 223.L.R. 4020. Use of Depositions at Trial.

Objections made during the taking of depositions orintended to be made at trial pursuant to Pa. R.C. P. No.

4020(c) shall be submitted to the court for ruling thereonprior to the first day of the trial term.

The proponent of the deposition shall petition the courtto assign the case to a judge of the court for trial for thepurpose of review and ruling on all objections.

Note: This rule is designed to make more efficient useof juror time by avoiding the need to preview depositionswhile venire persons are present and waiting to beselected. However, the rule is not intended to prevent thejudge to whom the case is assigned for trial to elect topreview depositions immediately prior to jury selection orto elect to rule on objections as the testimony is beingpresented to the jury.

[Pa.B. Doc. No. 01-213. Filed for public inspection February 9, 2001, 9:00 a.m.]

BRADFORD COUNTYRule of Criminal Procedure No. 303

OrderAnd Now, this 23rd day of January, 2001, the Court hereby adopts the following Bradford County Rule of Criminal

Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the

Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publicationin the Pennsylvania Bulletin, one (1) certified copy to the Criminal Procedural Rules Committee and one (1) copy to theBradford County Law Journal for publication in the next issue of the Bradford County Law Journal.

It is further ordered that this local rule shall be kept continuously available for public inspection and copying in theProthonotary’s Office.By the Court

JEFFREY A. SMITH,President Judge

Rule 303. Arraignment(A) Arraignment for each court case shall be scheduled by the issuing authority at the time the defendant is bound

over for court. Scheduling shall conform to the common pleas court calendar prepared annually by the CourtAdministrator. The issuing authority shall provide the defendant with (1) a completed copy of the written notice ofarraignment and (2) a copy of the approved waiver form set forth in subsection (C) of this rule.

Waivers of arraignment must be submitted to the Clerk of Courts not later than the date and time arraignment isscheduled.

(B) Unless arraignment is waived in conformity with Rule 303(c) of the Pennsylvania Rules of Criminal Procedure, thedefendant and counsel, if any, shall appear for arraignment.

(C) A waiver of arraignment in the following form shall be accepted by the Clerk of Courts:COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEASVS. : OF BRADFORD COUNTY, PENNSYLVANIA

: NO.WAIVER OF ARRAIGNMENT AND APPEARANCE OF COUNSEL

PART I(ACKNOWLEDGMENT OF DEFENDANT)

I, , hereby acknowledge the following:(Defendant’s name)

(1) I understand the nature of the charges against me;(2) I understand that I have the right to be represented by an attorney;(3) I understand that I have the right to file motions, which includes the right to file the following: (i) a Request for a

Bill of Particulars, which may be filed within seven (7) days following the date arraignment is scheduled; (ii) aMotion for Pretrial Discovery and Inspection, which may be filed within fourteen (14) days following the datearraignment is scheduled; (iii) an Omnibus Pretrial Motion, which may be filed within thirty (30) days following thedate arraignment is scheduled.

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(4) I waive my right to appear for arraignment.I hereby enter a plea of NOT GUILTY to any and all charges in this case.

Date Defendant’s signature

PART II(ACKNOWLEDGMENT OF COUNSEL AND ENTRY OF APPEARANCE)

I hereby acknowledge the following:(1) The defendant understands the nature of the charges;(2) The defendant understands the rights and requirements of Rule 303(B) of the Pennsylvania Rules of Criminal

Procedure;(3) The defendant waives his right to appear for arraignment.I hereby enter my appearance for the defendant.

Date Attorney’s signature Supreme Court ID #[Pa.B. Doc. No. 01-214. Filed for public inspection February 9, 2001, 9:00 a.m.]

CLINTON COUNTYRules of Miscellaneous Procedures and Rules of

Civil Procedure; No. 29 January Term 1976

OrderNow, January 25, 2001, It Is Hereby Ordered that the

Local Rules of Court of Clinton County, Pennsylvania beamended as follows:

1. New Rule: Clinton. R.M.P. 103. Form of Papers.(a) No paper or other document may be filed in the

Court of Common Pleas on any paper other than paperapproximately 8-1/2� x 11� in size. Any paper or otherdocument filed in the Court of Common Pleas of ClintonCounty shall be sufficient as to format and other physicalcharacteristics if it substantially complies with the follow-ing requirements:

1. Prepared on white paper (except for covers, dividersand similar sheets) of good quality with typed or printedmatter 6-1/2� x 9-1/2�.

2. The first sheet (except for the cover of paper books)shall contain a 3� space from the top of the paper for allcourt samplings, filing notices, etc.

3. Lettering shall be clearly legible and shall not besmaller than typewriting pica with line spacing (exceptfor quotations) not closer than typewriting double spac-ing.

4. The lettering shall be only on one side of a page,except that exhibits and similar supporting documentsand paper books may be lettered on both sides of thepage.

5. No backers shall be filed with the original document.6. Only one staple shall be placed in the upper left-

hand corner of the original filing.

7. Black ink shall be used for all hand written informa-tion, signatures, etc. and typewritten information shallalso be in black ink.

(b) Non-Conforming Papers. The Prothonotary may re-ject any non-conforming papers or documents exceptthose documents filed pro se which shall be immediatelyaccepted for filing and forwarded to the assigned judge foraction.

2. New Rule: Clinton R.C.P. 4002.1. Filing Discov-ery Marterial.

(a) The Prothonotary shall not accept discovery mate-rial for filing unless relevant to a motion or otherpre-trial proceeding, ordered by the Court, or required bystatute. Depositions taken for use at trial are not withinthe scope of this rule.

(b) The Court shall impose appropriate sanctions oncounsel upon being made aware that discovery materialhas been filed in violation of this rule.

It Is Further Ordered that the Prothonotary forwardseven (7) certified copies of this order to the Administra-tive Office of Pennsylvania Courts; two (2) certified copiesto the Legislative Reference Bureau for publication in thePennsylvania Bulletin; and one (1) certified copy to theCivil Procedure Rules Committee.

These amendments shall take effect on March 1, 2001,or thirty (30) days after the date of publication in thePennsylvania Bulletin, whichever shall occur last.

By the CourtRICHARD N. SAXTON, Jr.,

President Judge[Pa.B. Doc. No. 01-215. Filed for public inspection February 9, 2001, 9:00 a.m.]

NORTHAMPTON COUNTYAdministrative Order 2001-1—Alternative Sentenc-

ing Program for D.U.I. Second Offenders; Misc.7-2001

Order of Court

And Now this 19th day of January, 2001, it is herebyOrdered:

1. The D.U.I. Program Director for NorthamptonCounty shall contact all defendants charged with D.U.I.as a second offense, as defined in 75 Pa.C.S.A.3731(e)(l)(ii), within ten days of the filing of the criminal

786 THE COURTS


complaint to provide information about the availability ofthe Alternative Sentencing Program for Second Offenders.

2. Application for admission to the Alternative Sentenc-ing Program for Second Offenders shall be filed with theD.U.I. Program Director no later than thirty days afterthe preliminary hearing is held or after a waiver of thepreliminary hearing.

3. Upon receipt of an application, the D.U.I. ProgramDirector shall review the case. The D.U.I. ProgramDirector shall list those cases which qualify for thehearing before the Court.

4. The hearing before the Court shall be scheduled at1:15 P.M. on regularly scheduled summary appeal/A.R.D.days on the court calendar.

5. The Judge assigned to the Summary Appeals/A.R.D.list shall be authorized to accept the guilty plea andsentence the defendant even if the file contains an orderassigning the case to another judge for guilty plea.

6. Administrative Order 1995-1 is hereby vacated.

7. The effective date of this order is March 1, 2001.

By the CourtROBERT A. FREEDBERG,

President Judge[Pa.B. Doc. No. 01-216. Filed for public inspection February 9, 2001, 9:00 a.m.]

THE COURTS 787


PROPOSED RULEMAKINGCOMMISSION ON CRIME

AND DELINQUENCY[37 PA. CODE CH. 421]

Deputy Sheriff’s Education and Training Board

The Commission on Crime and Delinquency (Commis-sion) and its Deputy Sheriffs’ Education and TrainingBoard (Board) are publishing this proposed rulemakingthat would amend Chapter 421 (relating to DeputySheriffs’ Education and Training Board). The proposal ismade under the authority of sections 5—7 of the DeputySheriffs’ Education and Training Act (act) (71 P. S.§§ 2105—2107). The most significant aspect of the pro-posal is an expansion of the curriculum of basic trainingthat a deputy sheriff is required to undergo within 1 yearof the deputy’s hiring. The proposed regulation is setforth in Annex A.

A. Effective Date

The proposed regulation will be effective upon publica-tion of the final-form regulation in the PennsylvaniaBulletin.

B. Statutory Authority

The regulations are proposed under the authority ofsections 5 and 6 of the act.

C. Background and Purpose

Legislation enacted in 1984 established the Board as anadvisory board to the Commission. See section 3(a) of theact (71 P. S. § 2103(a)). Among other things, the actdirected that a deputy sheriff may not receive compensa-tion for the performance of duties as a deputy sheriffunless the officer is certified by the Board as havingcompleted an initial basic training course of up to 160hours and biennial continuing education of up to 20hours. See section 7 of the act. During its 16-year history,the Board has trained and certified approximately 3,000deputy sheriffs.

Deputy sheriffs perform a variety of duties, the extentof which varies among the 67 counties. These dutiesinclude serving complaints, summons, subpoenas, Protec-tion from Abuse (PFA) orders and other legal documentsin civil matters, levying on goods and performing otherduties related to execution proceedings, providing court-room security and transporting prisoners, executing ar-rest warrants and performing other duties in criminalmatters, conduct of background checks and issuance oflicenses and permits in connection with State and Federalfirearms acts, patrol, participating in multi-agency DUIand drug task forces, and community service efforts suchas crime prevention initiatives, Drug Abuse ResistanceEducation (DARE) for youth and Pennsylvania Weed andSeed.

In 1994, the Pennsylvania Supreme Court issued thedecision of Commonwealth v. Leet, 641 A2d 299 (Pa.1994), which involved a deputy sheriff who had arrested amotorist after witnessing a moving violation. The motor-ist challenged the legality of the arrest on the groundsthat the deputy sheriff was not a ‘‘police officer’’ asdefined by the Vehicle Code. The county court and theSuperior Court on appeal agreed that the arrest wasillegal. The Supreme Court disagreed, declaring that

English common law traceable to the 11th Century be-stows on modern Pennsylvania sheriffs and their deputiesthe power ‘‘to make arrests without warrant for feloniesand for breaches of the peace committed in [their]presence.’’ 641 A2d at 303. The Court stressed that nostatute has ever taken away this common law power. Id.

The Court, however, attached a significant condition tothe exercise by a deputy sheriff of this power of arrest. Itacknowledged the argument ‘‘that to protect public safety,anyone who enforces the motor vehicle laws should berequired to undergo training appropriate to the duties.’’Id. Noting that ‘‘[p]olicemen are required to undergotraining appropriate to the duties,’’ id. (citing the Munici-pal Police Officers’ Education and Training Act, known as‘‘Act 120’’), the Court then stated:

We deem this requirement to apply equally tosheriffs who enforce motor vehicle laws. Thus asheriff or deputy sheriff would be required to com-plete the same type of training that is required ofpolice officers throughout the Commonwealth.Id. (emphasis added).In 1998, the General Assembly passed legislation that

would enable the Board to expand its training program.Act 10 of 1998 provided the Board with substantiallyincreased revenue by raising the surcharge rate that isassessed by the judicial system when a sheriff’s officeserves legal papers.

Act 10 of 1998 also amended the language relating tohours of basic training. Previously, the language directedthe Board to conduct a basic training course of ‘‘up to 160hours.’’ Based on the 1998 amendment changing thislanguage to ‘‘no less than 160 hours,’’ the Board under-took extensive curriculum planning and solicited volumi-nous input from the regulated community as to theappropriate number of hours and substantive content ofthe Board’s basic training course. As of 1998-1999, thecurriculum for the course consisted of 160 hours’ instruc-tion in the topics set forth in § 421.11 (relating tooperating procedures) of the Board regulations. Thesetopics trained new deputies for their traditional roles ofserving civil process, providing security in court facilitiesand transporting prisoners. In recent years, the Boardsought to expand the number of hours allocated to thesetraditional topics, so as to better prepare new deputies fortheir traditional rules. Moreover, based largely on theinput received from sheriffs and deputy sheriffs in 1999,the Board adopted a goal of augmenting the traditionalcurriculum with certain law enforcement topics, such asmotor vehicle code enforcement, patrol procedures andinvestigative techniques.

The Board’s introduction of law enforcement topics intoits basic training curriculum would provide deputies whosuccessfully complete the course with training similar tothe training provided in those topics to municipal policeofficers under Act 120. In the view of the Board, and ofmany in the Board’s regulated community, deputies whoare trained in a basic training curriculum that is inparity with that of the Municipal Police Officers Educa-tion and Training Commission (MPOETC) will possessthe capability of, among other things, making lawfularrests during vehicle stops. The Board’s legal rationalederives from two decisions of the Pennsylvania SupremeCourt: Commonwealth v. Leet, 641 A2d 299 (Pa 1994),and Commonwealth v. Kline, 741 A2d 1281 (Pa 1999). InKline, the Court upheld the legality of an arrest made by

788


a deputy sheriff on a vehicle code charge. The Court heldthat, because the deputy had received training similar tothat given by MPOETC, he was legally empowered tomake an arrest.

In designing the expanded curriculum, the Board recog-nizes that training covering all topics considered impor-tant for law enforcement, in addition to those topicstraditionally taught to new deputies, is needed to ad-equately prepare deputies for all of their potential roles.The initial development report of the Board’s trainingdevelopment contractor, Temple University Department ofCriminal Justice, identified a list of topics with a poten-tial total length that approximated 760 hours. The Boardin ensuing discussions chose to develop curriculum expan-sion in an incremental manner. An incremental approachwould allow for a focused use of curriculum developmentresources, would provide the training resources needed tocontinue certification of deputies as the curriculum isdeveloped, and would ultimately meet the judicial re-quirements for training parity in law enforcement func-tions.

The first step was to create a core curriculum ofapproximately 560 hours of entry-level topics. A 560-hourpilot course was conducted from July through October2000 at Pennsylvania State University’s Institute forContinuing Justice Education and Research, in StateCollege. A second 560-hour course is currently underway.

Following pilot testing and production of final curricu-lum documentation of the 560-hour course, the develop-ment effort will focus on the remaining estimated 200hours of law enforcement-related topics. Development ofthe additional 200 hours is projected to begin in early2001, with implementation of the expanded curriculumupon final approval of a regulation in accordance withthis rulemaking.D. Description of Proposed Regulation.§ 421.1. Definitions

New definitions are added for the terms ‘‘basic train-ing,’’ ‘‘Commission,’’ ‘‘continuing education’’ and ‘‘waiver.’’The definition of ‘‘school’’ is amended.§ 421.3. Training required.

The change in subsection (a) would eliminate citation toa specific portion of the act, replacing it with a genericreference that would remain valid even if the act were tobe restructured. Language is proposed to clarify that theregulation itself, in addition to the act, dictates thesubstance of basic training, and that the Board willestablish the number of hours of basic training within therequirements of the act.

Language is deleted in subsection (b) pertaining tospecial provisions needed when the Board was created in1984 and that are now anachronistic. Language is pro-posed for continuing education requirements parallel tothe basic training requirements in subparagraph (a).

A provision is added that sets forth that a deputysheriff must pass each written test and demonstrateproficiency in all practical skills in order to successfullycomplete basic training or continuing education.

§ 421.4. Waiver of training.

This provision currently consists of one sentence statingthat a training waiver request shall be made on a formsupplied by the Board. This sentence is proposed fordeletion, because it sets forth a simple procedural re-quirement that does not need to be set forth in aregulation. Language is proposed that would describe the

two kinds of waivers of training granted by the Board: (a)the grant of additional time to complete a trainingrequirement, given for cause; and (b) a reduction in thenumber of hours required generally, given in recognitionof prior education, training or experience.

§ 421.5. Code of conduct.

This new provision would authorize the Board or schoolto establish and enforce attendance and conduct rules.

§ 421.11. Basic training.

The proposed amendment would replace nine listedbasic training topics with 24 topics. The nine originaltopics are either incorporated verbatim into the new list(‘‘Firearms’’ and ‘‘Related Social Sciences’’), are renamedor are subsumed into new topics. Included in the newtopics are law enforcement-related topics such as criminalinvestigation, motor vehicle code and enforcement andpatrol procedures and operations. The amended para-graph will allow the Board to make future adjustments tothe curriculum topics without having to amend theregulation.

§ 421.12. Continuing education.

This new provision on continuing education curriculumis designed to complement the provision in § 421.11 forbasic training. However, it is much simpler than the basictraining’s listing of 24 topics, to accommodate the Board’sfrequent changing of continuing education topics to keepthe training varied and innovative.

§ 421.31. Reimbursement to counties.

The proposed language would amend subsections (a)and (b) to clarify the reimbursement procedures currentlypracticed by the Commission. Specifically, counties mayapply to the Commission for reimbursement of variousitems that the counties have paid to their deputies whoattend training. Counties need not apply to the Commis-sion for the tuition costs or room and board for thosedeputies who stay overnight during basic training ses-sions, as the Board provides these items directly to thedeputies free of charge.

Minor language changes are proposed to subsections (c)and (d).

Subsections (e) and (g) are proposed for deletion be-cause they address routine administrative matters thatneed not be part of an agency’s regulations.

In subsection (f), language is proposed for deletion thatcovers routine administrative matters.

§ 421.32. Restrictions on reimbursement.

In subsection (c), reference to reimbursement ‘‘for up to20 hours of training’’ for continuing education would bedeleted to reflect the 1998 statutory change authorizingthe Board to set the hourly requirement for continuingeducation at ‘‘not less than 20 hours.’’

E. Affected Persons.

Those directly affected by the proposed rulemaking arethe newly-hired deputy sheriffs who are required toundergo mandated training. As of November 1, 2000,approximately 3,000 deputies had been trained and certi-fied by the Board. During the years 1995—2000, deputiesseeking certification ranged from 150 to 210 each year.Also affected are the sheriffs’ offices and county govern-ments in each of the 67 counties, which send newdeputies to Board training and which, under the act, shallbe responsible for half of the salary of the applicableparticipants.

PROPOSED RULEMAKING 789


Those indirectly affected are participants in the Com-monwealth’s judicial system, including judges or otheremployes, those charged with criminal offenses, litigantsin civil matters or witnesses in any judicial matter.

F. Compliance with Executive Order 1996-1.

In designing the upgraded basic training program, theCommission staff on behalf of the Board conducted exten-sive public outreach to those likely to be affected. Ap-proximately 1,700 job/task analysis surveys were distrib-uted to sheriffs and deputy sheriffs, resulting in 680responses from 57 of the State’s 67 sheriffs’ offices. Thetotal of 680 responses were broken down as follows: 29sheriffs (43.2% of all sheriffs), 41 chief deputies (61.2% ofall chief deputies), and 610 deputy sheriffs (42.6% of alldeputies). Subsequent to the initial analysis of surveyresponses, the Board and Temple University, the Board’straining consultant, convened a series of focus groupmeetings to elicit input. All 67 sheriffs were invited toattend the meetings and send their chief deputies. Inaddition, each office was invited to send two deputysheriffs to the meeting. A total of six groups met inAugust 1999, two each in Allentown, Harrisburg andPittsburgh. A total of 25 departments participated in thefocus groups, including 16 sheriffs, 18 chief deputies and30 deputy sheriffs. Members of the Board and Commis-sion staff attended all of the sessions. In addition, theCommission distributed deputy sheriffs training bulletinsto sheriffs’ offices, county governments and other inter-ested parties. Quarterly Board meetings during the timethe upgrade was being considered were synchronized withthe meetings of the Pennsylvania Sheriffs’ Associationand the Deputy Sheriffs’ Association of Pennsylvania, tomaximize participation at the Board meetings.

Subsequent to the initial development of the programs,the Board has communicated extensively with its regu-lated community. Training bulletins are disseminatedperiodically to update sheriffs, deputy sheriffs, county andmunicipal officials, on any operational or curriculumchanges. The Board conducts quarterly meetings, and ithas been its custom to hold at least two of its fourmeetings a year in a location removed from Harrisburg.For example, the September 1999 meeting was held inPittsburgh and the meetings of July 2000 and October2000 were held in State College.

It should be noted that the composition of the 10-personBoard as mandated by the act promotes effective develop-ment of public input and advocacy. Specifically, threemembers of the Board are required to be a current orformer deputy sheriff, two are sheriffs, two are commonpleas judges, one is an educator and one a countycommissioner. Each of these members is appointed by theGovernor. The tenth member is the Attorney General ordesignee. The Board currently includes the ExecutiveDirector of the Deputy Sheriffs’ Association of Pennsylva-nia and the President of the Pennsylvania Sheriffs’Association.

G. Fiscal Impact and Paperwork Requirements

The proposed amendments will have no added paper-work requirements and minimal fiscal impact on theCommonwealth. Section 8 of the act (71 P. S. § 2108),provides that the various training programs shall befunded by a special restricted account within the GeneralFund known as the Deputy Sheriffs’ Training Account.The fund accumulates through surcharges assessed on allsheriffs’ fees for service of legal papers. Using proceedsfrom the account, the Board is able to provide trainingthat is free of charge to deputy sheriffs. Despite added

costs to the Training Account from an expanded curricu-lum, the Board anticipates that revenues will continue toexceed expenses into the near future due to increasedsurcharge rates ordered by the General Assembly in 1998.The Board anticipates added fiscal impact for the 67counties that will send their deputy sheriffs to expandedbasic training. Because the curriculum as proposed willrequire deputies to attend school longer, counties mayexperience increased overtime expenses to cover for theofficers who are away at school. The act requires countiesto pay the full salary of a deputy sheriff while attendingschool, the Commission reimbursing the county for 50% ofthe salary costs.H. Sunset Date

The Board will review the effectiveness of its regula-tions on an ongoing basis. Therefore, no sunset date hasbeen assigned.I. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on January 25, 2001, the Commissionsubmitted a copy of these proposed amendments to theIndependent Regulatory Review Commission (IRRC) andthe Chairpersons of the House Judiciary Committee andthe Senate Judiciary Committee. In addition to submit-ting this proposed rulemaking, the Commission has pro-vided IRRC and the Committees with a copy of a detailedRegulatory Analysis Form prepared by the agency incompliance with Executive Order 1996-1, ‘‘RegulatoryReview and Promulgation.’’ A copy of this material isavailable to the public upon request.

If IRRC has objections to any portion of the proposedamendments, it will notify the Commission within 10days after the expiration of the Committees’ reviewperiod. The notification shall specify the regulatory re-view criteria that have not been met by that portion.

The Regulatory Review Act specifies detailed proce-dures for review, prior to final publication of the regula-tions, by IRRC, the General Assembly and the Governorof objections raised.J. Public Comment and Questions

Interested persons are invited to submit written ques-tions or comments regarding the proposed rulemaking toGerard M. Mackarevich, Chief Counsel, Commission onCrime and Delinquency, P. O. Box 1167, Harrisburg, PA17108-1167, within 30 days of publication of this proposedrulemaking. Questions and comments may also be sentvia electronic mail to [email protected], or by fac-simile to Gerard Mackarevich’s attention at PCCD’s Civiland Criminal Training Division (717) 783-7139.

THOMAS W. CORBETT, Jr., Esq.,Chairperson

Pennsylvania Commission onCrime and Delinquency

COMMANDER CARMEN DELUCA,Chairperson

Deputy Sheriffs’ Education andTraining Board

Fiscal Note: 35-28. (1) General Fund; (2) ImplementingYear 2000-01 is $0; (3) 1st Succeeding Year 2001-02 is$552,622; 2nd Succeeding Year 2002-03 is $642,622; 3rdSucceeding Year 2003-04 is $642,622; 4th Succeeding Year2004-05 is $733,622; 5th Succeeding Year 2005-06 is$750,000; (4) Fiscal Year 1999-00 $1,176,836; Fiscal Year1998-99 $624,979; Fiscal Year 1997-98 $640,366; (7)Deputy Sheriffs’ Education and Training Account; (8)recommends adoption.

790 PROPOSED RULEMAKING


Annex A

TITLE 37. LAW

PART VI. COMMISSION ON CRIME ANDDELINQUENCY

CHAPTER 421. DEPUTY SHERIFFS’ EDUCATIONAND TRAINING BOARD

GENERAL PROVISIONS

§ 421.1. Definitions.

The following words and terms, when used in thischapter, have the following meanings, unless the contextclearly indicates otherwise.

* * * * *

Basic training—A course of training administeredby the Deputy Sheriffs’ Education and TrainingBoard that the act requires for newly-hired deputysheriffs.

* * * * *

Continuing education—A course of training ad-ministered by the Board that the act requirespreviously-certified deputy sheriffs to complete pe-riodically to maintain certification.

* * * * *

School—A [ school operated ] facility approved bythe Board to [ teach basic or inservice deputy sherifftraining courses ] conduct training on the Board’sbehalf pursuant to a contract between the facilityand the Commission.

Waiver—The Board’s grant of approval for adeputy sheriff for reduced training hours in recog-nition of the deputy sheriff’s prior education, train-ing or experience or for additional time to completea training requirement.

§ 421.3. Training required.

(a) A newly-hired deputy sheriff is required to un-dergo basic training as [ set forth in sections 5—7 ofthe act (71 P. S. §§ 2105—2107) ] required by the actand by this chapter in the amount of hours estab-lished by the Board.

(b) [ A deputy with less than 5 years of experienceshall complete 160 hours of basic training, as estab-lished by the Board, by August 9, 1986. A deputyhired after July 1, 1985 shall complete the 160hours of basic training within 1 year of the date-of-hire. ] A deputy sheriff holding Board certificationis required to undergo continuing education asrequired by the act and by this chapter in theamount of hours established by the Board.

(c) To successfully complete basic training or con-tinuing education, a deputy sheriff shall attain atleast a minimum score established by the Board oneach written test and shall demonstrate proficiencyin all practical skills.

§ 421.4. Waiver of training.

[ When a deputy sheriff requests a waiver oftraining under section 7(b) of the act (71 P. S.§ 2107(b)), the request shall be made on a formsupplied by the Board. ]

(a) The Board upon request and for cause shownmay grant additional time for a newly-hired deputysheriff to fulfill the basic training requirements ofthe act.

(b) The Board upon request may grant a deputysheriff a reduction in the hours of training gener-ally required. The waiver determination will bebased upon the Board’s evaluation of the prioreducation, training or experience of the deputysheriff pursuant to criteria set forth by the Board.§ 421.5. Code of conduct.

(a) The Board or school may establish reasonablerules governing attendance and conduct expectedof a deputy sheriff who is attending training re-quired under the act.

(b) Violations of attendance policy or departuresfrom the expected standards of conduct may resultin the Board’s imposition of disciplinary sanctions,which may include expulsion from the training ordenying or withdrawing certification.

CURRICULUM

§ 421.11. Basic training [ course ].

[ The Deputy Sheriffs’ Basic Training Courseshall be presented as established by the Board andshall consist of ] The Board will determine thecurriculum for basic training, which will include atleast the following topics:

(1) [ Introduction to the powers and duties of sher-iffs and deputy sheriffs.(2) Firearms.(3) Prisoner control.(4) Emergencies and civil disorders.(5) Courtroom security.(6) Emergency medical care.(7) Civil process and law.(8) Criminal law.

(9) Related social sciences. ]Civil law and procedure.(2) Communications.(3) Control and defensive tactics.(4) Courtroom security.(5) Crimes Code and criminal procedure.(6) Criminal investigation.(7) Criminal justice system and law enforcement.(8) Crisis intervention.(9) Cultural diversity and ethnic intimidation.(10) Emergency management.(11) Emergency vehicle operation.(12) Ethics and professional development.(13) Families in crisis and domestic violence.(14) Firearms.(15) First aid and cardio-pulmonary resuscitation.(16) Motor vehicle code and enforcement.

(17) Patrol procedures and operations.

(18) Physical conditioning.



(19) Physical and judicial security.

(20) Prisoner transportation.

(21) Related social sciences.

(22) Related legal issues.

(23) Special needs groups.

(24) Unified court system.

§ 421.12. Continuing education.

Continuing education will consist of topics to bedetermined periodically by the Board.

REIMBURSEMENT OF EXPENSES

§ 421.31. Reimbursement to counties.

(a) [ A ] Except for those items that the Boardprovides directly to a deputy sheriff, a county shallinitially pay the deputy sheriff’s ordinary and neces-sary living and travel expenses [ of a deputy sheriffwhile the deputy is attending a school operated bythe Board ] in connection with training.

(b) [ The ] Upon application by a county, the Com-mission will provide reimbursement as set forth in section9 of the act (71 P. S. § 2109) for items paid by thecounty.

(c) Reimbursement will be given only for attendance ata school as defined in [ § 421.1 (relating to defini-tions) ] this chapter.

(d) The county may apply to the Commission forreimbursement, on a form to be supplied by the Commis-sion, at the conclusion of the required [ basic ] training[ or continuing education course, ] for each deputysheriff who has attended the course.

(e) [ Requests shall be submitted by the county tothe Commission within 30 days after the training iscompleted. A separate form shall be submitted foreach deputy sheriff who attends the training courseunder the act.

(f) ] Reimbursement will be limited to the following:

* * * * *

[ (g) If the Commission determines that the appli-cant and request for reimbursement meet the re-quirements of the act and this part, the ExecutiveDirector will issue written approval.

(h) ] (f) If the Commission determines that the appli-cation and request for reimbursement do not meet therequirements of the act and this part, the ExecutiveDirector will [ specify in writing and forward to theapplicant, by certified mail, return receipt re-quested, ] notify the county and specify the reasonsupon which the adverse determination is based.

§ 421.32. Restrictions on reimbursement.

* * * * *

(c) A county will be reimbursed once, [ for up to 20hours of training, ] for each deputy sheriff attending acertified continuing education course within a 2-yearperiod.

* * * * *[Pa.B. Doc. No. 01-217. Filed for public inspection February 9, 2001, 9:00 a.m.]

ENVIRONMENTALQUALITY BOARD

[25 PA. CODE CHS. 221, 227 AND 228]Radiological Health

The Environmental Quality Board (Board) proposes toamend Chapters 221, 227 and 228 (relating to X-rays inthe healing arts; radiation safety requirements for ana-lytical X-ray equipment, X-ray gauging equipment andelectron microscopes; and radiation safety requirementsfor particle accelerators). The proposed amendments up-date the standards for protection against radiation.

This proposal was adopted by the Board at its meetingon October 17, 2000.

A. Effective Date

These proposed amendments will become effective im-mediately upon publication in the Pennsylvania Bulletinas final rulemaking.

B. Contact Persons

For further information, the contact persons are Will-iam Kirk, Chief, Radiation Control Division, Bureau ofRadiation Protection, 13th Floor, Rachel Carson StateOffice Building, P. O. Box 8469, Harrisburg, PA 17105-8469, (717) 787-2480; and Marylou Barton, AssistantCounsel, Bureau of Regulatory Counsel, RCSOB, 9thFloor, 400 Market Street, P. O. Box 8464, Harrisburg, PA17105-8464, (717) 787-7060. Information regarding sub-mitting comments on this proposal appears in Section I ofthis Preamble. Persons with a disability may use theAT&T Relay Service by calling (800) 654-5984 (TDDusers) or (800) 654-5988 (voice users). This proposal isavailable electronically through the Department of Envi-ronmental Protection’s (Department) website (http://www.dep.state.pa.us).

C. Statutory Authority

These amendments are proposed under the authority ofthe following statutes:

Sections 301 and 302 of the Radiation Protection Act(act) (35 P. S. §§ 7110.301 and 7110.302) which, respec-tively, direct the Department to develop and conductcomprehensive programs for the registration, licensing,control, regulation and inspection of radiation sources andradiation source users, and delegates to the Board thepower to adopt the regulations of the Department toimplement the act.

Section 1920-A of The Administrative Code of 1929 (71P. S. § 510-20), which authorizes and directs the Board toadopt regulations necessary for the proper performance ofthe work of the Department.



D. Background and Purpose

The proposed amendments, for the most part, correctprinting errors, clarify existing wording or modify existingwording to accommodate changes in equipment since thelast amendments.

The only major change is the addition of four newsections in Chapter 227 for the purpose of specificallyextending X-ray protection requirements to X-ray calibra-tion systems. Accompanying changes in the chapter title,contents, general provisions and definitions are alsorecommended. These sections were originally proposedand approved by the Radiation Protection Advisory Com-mittee (RPAC) in 1998 as part of Chapter 225 (relating toradiation safety requirements for industrial radiographicoperations) which pertains to industrial radiography. TheDepartment decided, however, that these regulationswould be more appropriately placed in Chapter 227,which deals with miscellaneous X-ray equipment.

As required by section 301(c)(14) of the act, the Depart-ment provided the RPAC with an opportunity to reviewthe proposed amendments and to advise the Departmentprior to submittal to the Board. On May 10, 2000, theRPAC met and reviewed the proposed amendments. TheChairperson announced by letter dated May 17, 2000, thecommittee’s concurrence to forward the proposed regula-tions to the Board.

E. Summary of Regulatory Requirements

A description of the proposed amendments is providedas follows:

Chapter 221, X-Rays in the Healing Arts

§ 221.11. Registrant responsibilities.

Subsection (h)(4) is being deleted. Similar languageexists in § 221.56, which is being relocated to this sectionand renumbered as subsections (m)—(p). This consolida-tion of requirements was inadvertently omitted in theprevious revisions to this chapter.

Subsection (k) is being modified to provide some regula-tory flexibility. The proposal changes ‘‘shall’’ to ‘‘should’’ tomake using spectrally compatible film and screen systema recommendation rather than a mandatory requirement.This change is necessary due to the wide range ofspectral characteristics of X-ray films on the markettoday, which makes it difficult for practitioners to main-tain an exact match.

Subsection (l) is being modified to allow the Depart-ment to establish guidelines for quality assurance pro-grams rather than adopting guidelines from specified‘‘accredited’’ organizations. This change will make iteasier for the Department to add and change guidelinesas needed without specifically acknowledging each newquality assurance guideline issued by medical specialtyorganizations.

§ 221.13. Information to be submitted by persons propos-ing to conduct healing arts screening.

Paragraph (14) is being modified to clarify that mam-mography facilities must comply with 21 CFR Part 900(relating to mammography).

§ 221.29. Kilovoltage accuracy.

Section 221.29 is being modified to clarify that the 10%variation permitted under the existing language appliesonly to the range of technique factors used.

§ 221.32a. Beam limitation.Subsection (d)(1) is being modified to state that the

requirement for an indicator only applies to machineshaving a variable angle between the X-ray beam axis andthe image receptor plane and to exempt portable andmobile X-ray units from the requirement. Typically, theseunits do not have this type of indicator.§ 221.33a. Radiation from capacitor energy storage equip-

ment in standby status.Section 221.33a is being modified to correct a typo-

graphical error in the published text. The unit should be0.516 µC/kg rather than 0.516 µmC/kg. The unit ascurrently published is a factor of 1,000 lower thanintended.§ 221.36a. Limitation of useful beam of fluoroscopic

equipment.Subsection (d) is being modified to adopt the wording

used by the Food and Drug Administration in 21 CFR1020.32(b) (relating to fluoroscopic equipment). Thiseliminates confusion regarding the permissible size andshape of the useful beam.§ 221.56. Administrative controls.

This section is deleted and moved to § 221.11 as newsubsections (m)—(p). No changes in the text are proposed.§ 221.202. Equipment requirements.

Subsection (c) is being modified to delete paragraph (2),relating to an audible signal indicating termination ofexposure. This change is recommended because manyunits do not have such a feature which is not required bythe Food and Drug Administration.Chapter 227. Radiation Safety Requirements for Analyti-

cal X-ray Equipment, X-ray Gauging Equipment andElectron Microscopes.This chapter is being modified to add four new sections

under the heading titled X-ray Calibration Systems.These sections were originally proposed and approved bythe RPAC in 1998 as part of Chapter 225 which pertainsto industrial radiography. The Department decided, how-ever, that the content would be more appropriately placedin Chapter 227, which deals with miscellaneous X-rayequipment. These sections are needed to specificallyextend X-ray protection requirements to this type ofoperation, which is becoming more common. The chaptertitle, contents, general provisions and definitions werealso changed to reflect the new sections.Chapter 228. Radiation Safety Requirements for Particle

Accelerators.

Changes to §§ 228.22a and 228.36 are being recom-mended for purposes of clarification.

§ 228.22a. Issuance of specific licenses.

Section 228.22a contains a minor revision recommendedby the RPAC. The RPAC felt that, by definition, if anapplication met the requirements of the act and article,the operation would not be ‘‘inimical to the safety of thepublic’’ as indicated in subsection (a). As such, it recom-mended that the phrase be removed from subsection (a).

§ 228.36. Radiation monitoring requirements.

This section is modified to provide that: (1) an indepen-dent radiation monitoring system be provided so that theindividuals entering or present become aware of theexistence of the hazard; and (2) that the system be testedfor response, rather than calibrated, at least annually andafter servicing or repair. The Department and the RPAC



agree that calibration, which implies that the response beaccurate within a specified limit, is not necessary for thisfunction.F. Benefits, Costs and Compliance

Executive Order 1996-1 requires a cost/benefit analysisof the proposed amendments.Benefits

As set forth in this proposal, users of X-ray machinesand particle accelerators will benefit from the regulationsbeing clarified to conform better to present equipmentand installations and elimination of a 1,000-fold error inunits in § 221.33a. The additions to Chapter 227 specifi-cally extend the safety requirements set forth for othertypes of X-ray installation to X-ray calibration systems.Compliance Costs

The compliance costs under the proposed amendmentsshould not differ appreciably from the costs presentlyincurred.Compliance Assistance Plan

Compliance assistance requirements are expected to benegligible. Outreach and assistance will be provided byregional inspectors and technical staff in the RadiationControl Division.Paperwork Requirements

No additional paperwork will be required under theseproposals.G. Sunset Review

These regulation will be reviewed in accordance withthe sunset review schedule published by the Departmentto determine whether the regulations effectively fulfill thegoals for which they were intended.H. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a), the Department submitted a copy of theproposed amendments on January 29, 2001, to the Inde-pendent Regulatory Review Commission (IRRC) and theChairpersons of the Senate and House EnvironmentalResources and Energy Committees. In addition to submit-ting the proposed amendments, the Department hasprovided IRRC and the Committees with a copy of adetailed Regulatory Analysis Form prepared by the De-partment. A copy of this material is available to thepublic upon request.

If IRRC has objections to any portion of the proposedamendments, it will notify the Department within 10days of the close of the Committee’s review period. Thenotification shall specify the regulatory review criteriawhich have not been met by that portion. The RegulatoryReview Act specifies detailed procedures for review by theDepartment, the Governor, and the General Assemblybefore final publication of the regulation.

I. Public Comments

Written Comments—Interested persons are invited tosubmit comments, suggestions or objections regarding theproposed amendments to the Environmental QualityBoard, P. O. Box 8477, Harrisburg, PA 17105-8477(express mail: Rachel Carson State Office Building, 15thfloor, 400 Market Street, Harrisburg, PA 17101-2301).Comments submitted by facsimile will not be accepted.Comments, suggestions or objections must be received bythe Board by March 12, 2001 (within 30 days followingpublication in the Pennsylvania Bulletin). Interested per-sons may also submit a summary of their comments to

the Board. The summary may not exceed one page inlength and must be received by Marcy 12, 2001 (within30 days following publication in the Pennsylvania Bulle-tin). The one-page summary will be provided to eachmember of the Board in the agenda packet distributedprior to the meeting at which the final regulation will beconsidered.

Electronic Comments—Comments may be submittedelectronically to the Board at [email protected] and must also be received by the Board by March12, 2001. A subject heading of the proposal and a returnname and address must be included in each transmission.If an acknowledgement of electronic comments is notreceived by the sender within 2 working days, thecomments should be retransmitted to ensure receipt.

JAMES M. SEIF,Chairperson

Fiscal Note: 7-360. No fiscal impact; (8) recommendsadoption.

Annex ATITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTALPROTECTION

Subpart D. ENVIRONMENTAL HEALTH ANDSAFETY

ARTICLE V. RADIOLOGICAL HEALTHCHAPTER 221. X-RAYS IN THE HEALING ARTS

ADMINISTRATIVE CONTROLS§ 221.11. Registrant responsibilities.

* * * * *(h) If a patient or film requires auxiliary support

during a radiation exposure the following apply:* * * * *

[ (4) For intraoral dental radiography, neither thetube housing nor the cone shall be held during anexposure. ]

* * * * *

(k) The screen and film system used [ shall ] shouldbe spectrally compatible and evaluated with respect toscreen condition to assure proper system speed. Filmcassettes without intensifying screens may not be usedfor any routine diagnostic radiological imaging, with theexception of standard dental radiography film packets.

(l) The registrant shall have a quality assurance pro-gram. This quality assurance program shall be in accord-ance with guidelines [ promulgated by the ACR, theAAPM or another accredited organization ] estab-lished by the department.

(m) A dentist or an assistant may not hold pa-tients or film during exposures.

(n) Only the patient shall be in the useful beam.

(o) Neither the tube housing nor the cone may behand-held during the exposure.

(p) Intraoral fluoroscopy may not be used indental examinations.§ 221.13. Information to be submitted by persons

proposing to conduct healing arts screening.

A person requesting that the Department approve ahealing arts screening program shall submit in writing



the following information and evaluation. If informationsubmitted to the Department becomes invalid or out-dated, the registrant shall immediately notify the Depart-ment.

* * * * *

(14) [ This section does not apply to operationsconducted by registrants under ] mammographyfacilities shall comply with 21 CFR Part 900 (relatingto mammography).

DIAGNOSTIC INSTALLATIONS GENERALREQUIREMENTS

§ 221.29. Kilovoltage (kV) accuracy.

The kV output may not vary from the set-indicated value by more than 10% over the range oftechnique factors normally used. Discrepancies ofmore than 10% between set-indicated[ - ]and measuredkV values shall be investigated by a qualified expert orservice engineer and appropriate action taken.

§ 221.32a. Beam limitation.

* * * * *

(d) A means shall be provided to:

(1) Indicate when the axis of the X-ray beam is perpen-dicular to the plane of the image receptor if the anglebetween the axis of the X-ray beam and the plane ofthe image receptor is variable. This paragraph doesnot apply to portable and mobile units.

* * * * *

§ 221.33a. Radiation from capacitor energy storageequipment in standby status.

Radiation emitted from an X-ray tube when the expo-sure switch or timer is not activated may not exceed arate of 2 milliroentgens (0.516 µ[ m ]C/kg) per hour at 5centimeters from an accessible surface of the diagnosticsource assembly, with the beam-limiting device fully open.

§ 221.36a. Limitation of useful beam of fluoroscopicequipment.

* * * * *

(d) The minimum field size at the greatest source toimage receptor distance shall be [ equal to or less than25 square centimeters ] containable in a square of 5centimeters by 5 centimeters unless otherwise pro-vided in 21 CFR 1020.32(b) (relating to fluorascopicequipment).

* * * * *

§ 221.56. [ Administrative controls ] (Reserved).

[ (a) A dentist or an assistant may not hold pa-tients or film during exposures.

(b) Only the patient shall be in the useful beam.

(c) Neither the tube housing nor the cone may behand-held during the exposure.

(d) Intraoral fluroscopy may not be used in den-tal examinations. ]§ 221.202. Equipment requirements.

* * * * *

(c) Status indicators and control switches.

* * * * *

(2) [ A signal, audible to the operator, shall indi-cate that the exposure has terminated.

(3) ](2) * * *

[ (4) ](3) * * *

* * * * *

CHAPTER 227. RADIATION SAFETY REQUIRE-MENTS FOR ANALYTICAL X-RAY EQUIPMENT, X-RAYGAUGING EQUIPMENT [ AND ], ELECTRON MICRO-SCOPES AND X-RAY CALIBRATION SYSTEMS

GENERAL PROVISIONS

§ 227.1. Purpose and scope.

This chapter establishes the requirements for the use ofanalytical X-ray equipment, X-ray gauging equipment[ and ], electron microscopes and X-ray calibrationsystems. Registrants who use analytical X-ray equip-ment, X-ray gauging equipment [ or ], electron micro-scopes or X-ray calibration systems shall comply withthis chapter. The requirements of this chapter are inaddition to, and not in substitution for, other applicableprovisions of this article.


The following words and terms, when used in thischapter, have the following meanings, unless the contextclearly indicates otherwise:

* * * * *

X-ray calibration systems—-Radiation-producingmachines and equipment used to calibrate radia-tion detection or measuring devices.

* * * * *

X-RAY CALIBRATION SYSTEMS

§ 227.101. Scope.

This section and §§ 227.102—227.104 apply to reg-istrants who calibrate equipment used to measurethe output of radiation for medical diagnosis andtherapy, or for radiation survey meters and similarinstrumentation.

§ 227.102. Area Requirements.

A room or enclosure used for calibration shall beshielded so that every location on the exteriormeets conditions for an unrestricted area, and theonly access to the room or enclosure is throughopenings which are interlocked so that the radia-tion source will not operate unless all openings aresecurely closed and meet the requirements of 10CFR 20.1601 (relating to control of access to highradiation areas).

§ 227.103. Operating requirements.

(a) The operator shall conduct a physical radia-tion survey to determine that the radiation ma-chine X-ray tube is de-energized prior to each entryof any body part into the radiographic exposurearea.

(b) As an alternative to subsection (a), the regis-trant may use an independent radiation monitoringsystem that displays the radiation intensity or dis-plays when radiation levels have returned to theirpre-irradiation levels.



§ 227.104. Personnel Requirements.A registrant may not permit an individual to

operate or conduct maintenance on any X-ray cali-bration system until the individual has received acopy of, instruction in, and demonstrated an under-standing of, the operating procedures necessary toensure radiation safety.

CHAPTER 228. RADIATION SAFETYREQUIREMENTS FOR PARTICLE ACCELERATORS

NOTIFICATION AND LICENSING PROCEDURES§ 228.22a. Issuance of specific licenses.

(a) Upon determination that an application meets therequirements of the act[ , ] and this article, [ and theoperation of the facility will not be inimical to thesafety of the public, ]the Department will issue aspecific license authorizing the proposed activity andcontaining conditions and limitations as it deems appro-priate or necessary.

* * * * *§ 228.36. Radiation monitoring requirements.

[ (a) In addition to the requirements of §§ 219.91and 219.154 (relating to control of access to highradiation areas; and posting of high radiation ar-eas) an ] LAN independent radiation monitoring systemshall be provided so that the individuals entering orpresent become aware of the existence of the hazard.Independent radiation monitors shall be [ calibrated ]tested for response at least annually and after eachservicing or repair.

[ (b) The calibration of the independent radiationmonitoring system described in subsection (b) shallverify the response of the instrument to radiationfields of different intensity, and does not requirecomplete accuracy with respect to radiation energyif the accelerator produces radiations greater than3.0 MeV. ]


[25 PA. CODE CHS. 261a, 271 AND 272]Household Hazardous Waste

The Environmental Quality Board (Board) proposes toamend Chapters 261a, 271 and 272 (relating to identifica-tion and listing of hazardous waste; municipal wastemanagement—general provisions; and municipal wasteplanning, recycling and waste reduction).

These proposed amendments include regulations gov-erning household hazardous waste collection events,grants, and transportation and management. The pro-posed changes clarify the regulations to make themconsistent with the Small Business and Household Pollu-tion Prevention Program Act (act) (35 P. S. §§ 6029.201—6029.209) (Act 190), which was passed after most of theexisting household hazardous waste regulations werewritten. The proposed changes to Article VII (relating tohazardous waste management) correct the inadvertent1999 incorporation by reference in Article VII of Environ-mental Protection Agency’s (EPAs) regulatory exemptionof household hazardous waste from regulation as hazard-ous waste. The proposed changes to Article VIII (relating

to municipal waste) are designed to ensure that wastecollected as part of an organized household hazardouswaste collection continues to be properly transported andmanaged as hazardous waste rather than as part of themunicipal waste stream. This is true for householdhazardous waste collected as part of an organized house-hold hazardous waste collection in another state, once thewaste enters this Commonwealth, if the waste is to bemanaged in this Commonwealth, and for household haz-ardous waste collected as part of a collection event in thisCommonwealth. Household hazardous waste not collectedas part of an organized collection will continue to bemanaged as municipal waste in this Commonwealth.

These proposed amendments are intended to supple-ment, not duplicate, the act.

A. Effective Date

These amendments will go into effect upon publicationin the Pennsylvania Bulletin as final rulemaking.

B. Contact Persons

For further information contact Tom Hyatt, Division ofWaste Minimization and Planning, P. O. Box 8472, RachelCarson State Office Building, Harrisburg, PA 17105-8472,(717) 787-7382; or Kristen Campfield, Assistant Counsel,Bureau of Regulatory Counsel, P. O. Box 8464, RachelCarson State Office Building, Harrisburg, PA 17105-8464,(717) 787-7060. Persons with a disability may use theAT&T Relay Service by calling (800) 654-5984 (TDDusers) or (800) 654-5988 (voice users). This proposal isavailable electronically through the Department’s website(http://www.dep.state.pa.us).

C. Statutory Authority

The proposed rulemaking is being made under theauthority of the following:

Act 190 which in section 207(a) (35 P. S. § 6029.207(a))grants the Board the authority to promulgate regulationsas needed to implement the act.

The Solid Waste Management Act (SWMA) (35 P. S.§§ 6018.101—6018.1003) which in section 105(a) of theSWMA (35 P. S. § 6018.105(a)) grants the Board thepower and the duty to adopt the rules and regulations ofthe Department to carry out the provisions of the SWMA.

The Household Hazardous Waste Funding Act(HHWFA) (35 P. S. §§ 6025.1—6025.5), as amended,which in section 4(a) of the HHWFA (35 P. S. § 6025.4(a))created a restricted revenue account in the RecyclingFund to be used to fund household hazardous wastecollection programs.

The Clean Streams Law (CSL) (35 P. S. §§ 691.1—691.1001), which in section 5(b) of the CSL (35 P. S.§ 691.5(b)) grants the Board the authority to formulate,adopt, promulgate and repeal the rules and regulations asare necessary to implement the provisions of the act,which in section 304 of the CSL (35 P. S. § 691.304)grants the Board the authority to adopt, prescribe andenforce rules and regulations not consistent with the actas may be deemed necessary for the protection of thepurity of the waters of this Commonwealth, or partsthereof, and to purify those now polluted and which insection 402 of the CSL (35 P. S. § 691.402) grants theBoard the authority to adopt rules and regulations estab-lishing conditions under which an activity shall be con-ducted for any activity that creates a danger of pollutionof the waters of this Commonwealth or that regulation ofthe activity is necessary to avoid this pollution.



The Municipal Waste Planning, Recycling and WasteReduction Act (Act 101) (53 P. S. §§ 4000.101—4000.1904), which in section 302 of Act 101 (53 P. S.§ 4000.302) gives the Board the power and duty to adoptthe regulations of the Department to accomplish thepurposes and carry out the provisions of Act 101.

The Administrative Code of 1929 (Administrative Code)(71 P. S. §§ 510-17 and 510-20) which in section 1917-A ofthe Administrative Code (71 P. S. § 510-17) authorizesand requires the Department to protect the people of thisCommonwealth from unsanitary conditions and othernuisances and in section 1920-A of the AdministrativeCode (71 P. S. § 510-20) grants the Board the power andthe duty to formulate, adopt and promulgate the rulesand regulations as may be determined by the Board forthe proper performance of the work of the Department.

D. Background and Purpose

The Commonwealth has operated a household hazard-ous waste program since 1992. Under this program,grants have been and continue to be available to eligiblemunicipalities and other legal entities that register toconduct a household hazardous waste collection event.While household hazardous waste generated by an indi-vidual household and sent directly to a processing ordisposal facility along with the household’s municipalwaste has not been regulated as hazardous waste, house-hold hazardous waste collected at household hazardouswaste collection events has been and continues to bemanaged as hazardous waste once it is collected. Thisensures the proper level of environmental protection andis consistent with EPA recommendations. Until 1996, thisCommonwealth’s program was operated largely under theauthority of section 1512 of Act 101 and the HHWFA;relevant regulations were found in the hazardous andmunicipal waste regulations. However, in 1996, Act 190repealed section 1512 and portions of the HHWFA andreplaced them with newer provisions jointly addressingsmall business and household hazardous waste collectionevents. This proposed rulemaking is designed to updatethe hazardous and municipal waste regulations accordingto Act 190 as it applies to household hazardous wastecollections.

The proposed regulatory amendments cover the regis-tration, review and approval of collection programs, theoperation of collection programs and the requirements ofcollection contractors and transporters of household haz-ardous waste. The regulations specify entities that areeligible to bring waste to collection events. The regula-tions also cover grant requirements that apply to eligiblecollection sponsors.

The proposed regulatory amendments serve a numberof purposes. They will make it easier for collectionsponsors, collection contractors and transporters to under-stand the requirements that apply to their activities,without making major changes to the existing regula-tions. The amendments also make the language in theregulations consistent with Act 190 and the way thehousehold hazardous waste program is currently imple-mented. The amendments correct the inadvertent incorpo-ration by reference of EPA’s regulatory exemption ofhousehold hazardous waste from regulation as hazardouswaste. The Federal regulations exempt hazardous wastederived from households from being regulated as hazard-ous waste, even when collected as part of a householdhazardous waste collection. The 1999 amendments to thehazardous waste regulations inadvertently incorporatedthis provision by reference in § 261a.1 (relating to incor-poration by reference, purpose and scope). The proposed

changes clarify that once household hazardous waste iscollected as part of a household hazardous waste collec-tion, it must be managed as a hazardous waste. Finally,the amendments are intended to dispel confusion ex-pressed by some contractors as to how household hazard-ous waste is to be managed after it is collected. Theamendments will ensure that all household hazardouswaste that is collected as part of a household hazardouswaste collection, no matter in which state the wasteoriginates, is to be managed as hazardous waste ifmanaged in this Commonwealth.E. Summary of Regulatory Requirements

Chapter 261aIDENTIFICATION AND LISTING OF HAZARDOUS

WASTEChapter 261a contains the provisions for the identifica-

tion and listing of hazardous waste.Section 261a.4. Exclusions.

The Board proposes to revise § 261a.4 (relating toexclusions) by removing the exclusion for hazardouswaste that is derived from households. The Federalregulations contain an exclusion for hazardous wastederived from households, including household waste thatis ‘‘collected, transported, stored, treated, disposed, recov-ered (for example, refuse-derived fuel) or reused’’ in 40CFR 261.4(b)(1).

The Federal provision was inadvertently incorporatedby reference in § 261a.4 in 1999. The proposed revisionsare intended to correct this error. Furthermore, thestatutory requirements of Act 190 override this regulatoryprovision. In accordance with statutory requirements ofAct 190, the changes to the regulation will ensure thatwhen household hazardous waste has been collected aspart of a household hazardous waste collection program,it will continue to be managed and transported as ahazardous waste rather than as part of the municipalwaste stream. This includes all household hazardouswaste collected as part of an in-State household hazard-ous waste collection and waste collected as part of anout-of-State household hazardous waste collection andbrought into this Commonwealth for management. Therevision will ensure that the environment and the publichealth and safety will continue to be adequately pro-tected.

The proposed revisions to § 261a.4 will be more strin-gent than the Federal regulation, but the proposed revi-sion will make the State regulation consistent withPennsylvania’s Act 190 of 1996, which currently governsState procedures.

There should be no economic impact as a result of thisregulatory revision because it simply reflects a continua-tion of the program as it is currently being operated. ThisCommonwealth has always regulated household hazard-ous waste that is collected as part of a householdhazardous waste collection program as hazardous waste.

Chapter 271MUNICIPAL WASTE MANAGEMENT—GENERAL

PROVISIONSSubchapter A. GENERAL

Chapter 271 contains the general provisions for themunicipal waste program, including definitions for ArticleVIII (relating to municipal waste).Section 271.1. Definitions.

The Board proposes to revise § 271.1 (relating todefinitions) by deleting the definition of ‘‘collection con-



tractor’’ and modifying the definition of ‘‘household haz-ardous waste.’’ The term ‘‘collection contractor’’ is deletedbecause the term is now defined by Act 190. The term‘‘household hazardous waste’’ is modified to explain moreclearly that household hazardous waste is to be managedas hazardous waste if it is collected as part of anorganized household hazardous waste collection. The termtreats waste collected within or outside this Common-wealth the same once it is within this Commonwealth’sborders for disposal or other management. The definitionalso lists locations that are considered ‘‘households’’ forthe purpose of this definition.

Chapter 272

MUNICIPAL WASTE PLANNING, RECYCLING ANDWASTE REDUCTION

Chapter 272 contains the municipal waste planning,recycling and waste reduction requirements, includingregulations governing grants and household hazardouswaste collections.

Subchapter D. GRANTSSection 272.301. Scope.

The Board proposes to revise § 272.301 (relating toscope) to indicate that persons other than municipalitiesare eligible to apply for grants under Act 190 and mustcomply with this subchapter when doing so.

GENERAL PROVISIONS FOR AWARDING GRANTSSection 272.313. General requirements for grant applica-

tions. Section 272.314. Limits on Department’s authorityto award grants. Section 272.317. Grant review.

The Board proposes to revise §§ 272.313 (relating togeneral requirements for grant applications), 272.314(relating to limits on Department’s authority to awardgrant) and 272.317 (relating to grant review) to indicatethat grants are available under Act 190.

GRANTS FOR HOUSEHOLD HAZARDOUS WASTECOLLECTION EVENTS

Section 272.381. Scope of grant.

The Board proposes to revise § 272.381 (relating toscope of grant) to be consistent with Act 190 by using theterm ‘‘collection event,’’ by indicating that persons otherthan municipalities can apply for grant funding and toreflect the title change of Subchapter F (relating tohousehold hazardous waste collection, transportation andmanagement). Subsection (b) is deleted because the fund-ing sources for household hazardous waste programgrants are set forth in Act 190.

§ 272.382. Eligible costs.

The Board proposes to delete subsection (a) becausegrant amounts will now be addressed in subsection (b). Anew subsection (a) lists costs that are considered to beeligible costs for a household hazardous waste collectionevent grant. This list includes the costs which theDepartment has considered to be eligible costs in thisprogram over the last several years.

Existing subsection (b) has been deleted because grantrestrictions based on past violations are adequately cov-ered elsewhere. Subsection (c) has been deleted because itis no longer accurate, since Act 190 authorizes RecyclingFund monies to be used.

A new subsection (b) has been added to describe thegrant limitations for a household hazardous waste collec-tion event grant. It is based on section 209 of Act 190 (35P. S. § 6029.209), which authorizes the Department to

reimburse sponsors for eligible costs for the operation ofcollection events but limits the grant amount to anamount that is matched dollar for dollar by the grantapplicant. Section 209 of Act 190 also prohibits theDepartment from expending more than $100,000 per yearfor collection events in any one county. These rules areembodied in paragraphs (1) and (3) of proposed subsection(b). Paragraph (2) is designed to prevent the Departmentfrom awarding a grant for costs which the sponsor hasalready covered by charging fees for the event. Paragraph(2) would apply if a sponsor collected more than 50% ofits eligible costs through fees.Section 272.383. Grant applications.

The Board proposes to delete the text of § 272.383(relating to grant application) because the information isrepetitive of the registration submitted by a sponsor andincluded in the sponsor’s grant application package. In itsplace, proposed subsection (a) requires a grant applicantto submit its application on a form provided by theDepartment and to include all supporting documentation.Proposed subsection (b) requires a record of operationsfrom a collection event to be sent to the Department. Therecord of operations form was developed by the Depart-ment to enable sponsors to easily meet the reportingrequirements of subsection 205(k) of Act 190 while stillproviding the Department with useful collection informa-tion.Section 272.384. Education grants.

The Board proposes to add § 272.384 (relating toeducation grants) so that counties are aware that Act 190makes household hazardous waste education grant fund-ing available through section 901 of Act 101 (53 P. S.§ 4000.901).

Subchapter F. HOUSEHOLD HAZARDOUS WASTECOLLECTION, TRANSPORTATION AND

MANAGEMENTSection 272.501. Scope.

The Board proposes to change the title of Subchapter Fand the text of § 272.501 (relating to scope) to clarifythat this subchapter covers collection, transportation andmanagement of household hazardous waste.

REGISTRATION AND APPROVAL OF PROGRAMSSection 272.512. General application requirements.

The Board proposes to modify subsection (a) (relating togeneral application requirements) to give the Departmentadequate time to review applications and provide appli-cants adequate time to make necessary modifications toapplications in accordance with the Department’s reviewof the initial application. Subsection (b)(1) is revised tomake the regulations consistent with Act 190 whichallows persons other than municipalities to sponsor ahousehold hazardous waste collection event.Section 272.513. Contract.

The Board proposes to modify § 272.513 (relating tocontract) by requiring an applicant to submit a signedcontract to the Department before the collection event sothat the Department can ensure that the final contractmeets the requirements of this section. Paragraph (2) ismodified to be consistent with Act 190 which allowspersons other than municipalities to sponsor a collection.The change to paragraph (3) corrects a typographicalerror.Section 272.514. Contingency plan.

The Board proposes to revise § 272.514 (relating tocontingency plan) by requiring contingency plans to in-



clude provisions for inclement weather because provisionsfor inclement weather are important but often overlookedin applicants’ safety plans.

REGISTRATION REVIEW

Section 272.523. Public notice.

The Board proposes to delete § 272.523 (relating topublic notice) because giving public notice in the Pennsyl-vania Bulletin has not proven the most effective meansby which to notify the public of a household hazardouswaste collection event. Local notice is far more effective.The public learns of an upcoming collection event throughlocal notice in newspapers or on the radio, provided bythe sponsor of the event. Collection contractors who maywish to compete for the project learn of the event throughwhatever means the sponsor deems appropriate. Further-more, to obtain approval, the sponsor sometimes mustwork with the Department until several days before thecollection event, at which point it is too late to publishnotice in the Pennsylvania Bulletin. When it seems likelythat a collection event will be approved, the Departmentwill, as it currently does, publish notice of the collectionevent on its website. Public notice is not required bystatute.

OPERATION OF PROGRAMS

Section 272.531. Basic operational requirements.

The Board proposes to modify § 272.531 (relating tobasic operational requirements) to update the statutoryreference to Act 190, to restructure the section for ease ofreading and to emphasize that household hazardouswaste collected as part of a collection event is to bemanaged as hazardous waste.

Section 272.532. Limitations on acceptable waste.

Limitations on acceptable waste at collection events inthe existing regulations were modeled on section 1512 ofAct 101 (53 P. S. § 4000.1512), which was repealed by Act190. The limitations on acceptable waste were replaced bysections 205(d) and 206(a) of Act 190. Modifications to§ 272.532 are proposed to be consistent with the restric-tions of Act 190 while still providing for proper and safelimitations on acceptable waste.

Wastes allowed to be collected as a result of proposedchanges to this section do not have to be collected atcollection events. Collection sponsors will still have theauthority to limit the types and quantities of waste theywill accept at collections and collection contractors will berequired to demonstrate that they have the proper per-mits to manage the new types of waste that are proposedto be allowed to be collected.

The Board has amended § 272.532(a)(1) from ‘‘radioac-tive waste’’ to ‘‘radioactive material’’ because ‘‘radioactivematerial’’ better describes the types of materials morelikely to be found in a household.

The Board proposes to modify subsection (a)(2) bydeleting the term ‘‘biologically active waste’’ because theterm is not defined in this Commonwealth’s waste regula-tions. The new term ‘‘Infectious waste’’ is added because itis defined in this Commonwealth’s waste regulations.Sharps, although considered to be infectious waste, willbe allowed to be collected if the collection contractor hasan approved infectious and chemotherapeutic wastetransporter license as required by § 284.602(a) (relatingto license requirement). Sharps are a common type ofinfectious waste that present little contamination poten-tial at a collection event while their removal from the

municipal waste stream would provide a much largerbenefit to municipal waste haulers.

The Board proposes to delete subsection (a)(3) becauseremoval of gas cylinders and aerosol cans from themunicipal waste stream will encourage recovery of theirBTU value.

The Board proposes to modify subsection (a)(4), whichis renumbered as subsection (a)(3), by removing ordnancematerial from the list of unacceptable items. Collection ofordnance material at collection events poses little riskand removes a potentially dangerous item from themunicipal waste stream.

The Board proposes to modify subsection (b) to beconsistent with the weight restrictions of section 205(d) ofAct 190.

Section 272.533. Fees.

The Board proposes to modify § 272.533 (relating tofees) to be consistent with Act 190 which authorizes asponsor to establish and assess reasonable fees fromeligible entities for services provided in connection with acollection event.

Section 272.535. Cleanup of site.

The Board proposes to modify § 272.535 (relating tocleanup of site) to be consistent with Act 190 of 1996which allows persons other than municipalities to sponsora household hazardous waste collection event.

Section 272.537. Sponsor recordkeeping.

The Board proposes to modify § 272.537 (relating tomunicipal recordkeeping). The modifications are to makethe regulations consistent with Act 190 which allowspersons other than municipalities to sponsor a householdhazardous waste collection event, and the hazardouswaste regulations which require the generator of waste tokeep the generator copy of a manifest.

COLLECTION CONTRACTORS

Section 272.541. Collection contractor.

The Board proposes to modify § 272.541 (relating tobasic requirements). The title is changed to better reflectwho is covered by the section. The remaining changes areto clarify and organize existing requirements of collectioncontractors. In addition, a provision is added to subsec-tion (a)(2) to address a situation that arises on occasion,namely, the collection contractor being a different entityfrom the transporter. Under this paragraph, the collectioncontractor must demonstrate to the Department that thetransporter has a valid transporter’s license. A require-ment has also been added to subsection (c)(3), requiringthe collection contractor to provide a copy of the record ofoperations to the sponsor. This was added so the sponsorwould know what the collection contractor reported to theCommonwealth and to enable the sponsor to refine futurewaste collection estimates. Subsection (d) is revised toleave no doubt that the collection contractor has theresponsibility to ensure that the household hazardouswaste is treated, stored or disposed at an appropriatefacility.

Section 272.542. Reporting.

The Board proposes to modify § 272.542 (relating toreporting). The modification requires the collection con-tractor to provide a copy of the record of operations to theDepartment and sponsor.



Section 272.543. Recycling or reuse of collected materials.[Reserved.]The Board proposes to delete § 272.543 (relating to

recycling or reuse of collected materials) because thisprovision has been moved into § 272.541(c)(4).

TRANSPORTERS OF HOUSEHOLD HAZARDOUSWASTE

Section 272.551. Household hazardous waste transporta-tion, storage and disposal.

The Board proposes to add § 272.551 (relating tohousehold hazardous waste transportation, storage anddisposal). This section explains the requirements appli-cable to a transporter of household hazardous waste froma collection event in this Commonwealth and from anout-of-State household hazardous waste collection if thewaste is to be managed in this Commonwealth. Thepurpose of the section is to clarify that household hazard-ous waste originating from a collection in this Common-wealth or coming from a collection outside of this Com-mownealth to be managed in this Commonwealth is to beregulated under Article VII, including manifesting andtransportation requirements.F. Benefits, Costs and Compliance

Executive Order 1996-1 requires a cost/benefit analysisof the final regulations.

Benefits

The proposed amendments will clarify the registrationand operational requirements of conducting a householdhazardous waste program. The proposed amendments willalso clarify that household hazardous waste collected aspart of a household hazardous waste collection is to bemanaged under Article VII. No new requirements forhousehold hazardous waste collection sponsors, collectioncontractors or transporters are added to the regulations.

Compliance Cost

Household hazardous waste program sponsors and col-lection sponsors will be required to comply with theregulations. The Commonwealth has always regulatedhousehold hazardous waste that is collected as part of ahousehold hazardous waste collection program as hazard-ous waste. However, because the regulations are intendedto clarify existing regulations, they should not have anyimpact on direct or indirect costs.

Compliance Assistance Plan

The regulations should not require any educational,technical or compliance assistance efforts. The Depart-ment has and will continue to provide manuals, instruc-tions, forms and website information consistent with theproposed amendments. In the event that assistance isrequired, the Department’s central office will provide it.

Paperwork Requirements

The proposed amendments do not create any newpaperwork requirements. All paperwork requirements represently consistent with the proposed amendments.

G. Pollution Prevention

No pollution prevention efforts will be required by theDepartment as a result of this regulatory change. TheDepartment already provides pollution prevention educa-tional material as part of its household hazardous wasteprogram. In addition, the act upon which that theregulations are based on (Act 190) requires collectionevents to include an education program as part of thecollection event and requires that waste materials col-

lected from households as part of a household hazardouswaste collection event be reclaimed to the greatest extentpossible.

H. Sunset Review

These regulations will be reviewed in accordance withthe sunset review schedule published by the Departmentto determine whether the regulations effectively fulfill thegoals for which they were intended.

I. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on January 1, 2001, the Departmentsubmitted a copy of these proposed amendments to theIndependent Regulatory Review Commission (IRRC) andthe Chairpersons of the House and Senate EnvironmentalResources and Energy Committees. In addition to submit-ting the proposed regulations, the Department has pro-vided IRRC and the Committees with a copy of a detailedregulatory analysis form prepared by the Department incompliance with Executive Order 1996-1, ‘‘RegulatoryReview and Promulgation.’’ A copy of this material isavailable to the public upon request.

Under section 5(g) of the Regulatory Review Act, ifIRRC has objections to any portion of the proposedamendments, it will notify the Department within 10days of the close of the Committees’ review period. Thenotification shall specify the regulatory review criteriawhich have not been met by that portion of the proposedamendments to which an objection is made. The Regula-tory Review Act specifies detailed procedures for review,prior to final publication of the amendments, by theDepartment, the General Assembly and the Governor ofobjections raised.

J. Public Comments

Written Comments—Interested persons are invited tosubmit comments, suggestions or objections regarding theproposed amendments to the Environmental QualityBoard, P. O. Box 8477, Harrisburg, PA 17105-8477 (ex-press mail: Rachel Carson State Office Building, 15thFloor, 400 Market Street, Harrisburg, PA 17101-2301).Comments submitted by facsimile will not be accepted.Comments, suggestions or objections must be received bythe Board by March 12, 2001 (within 30 days of publica-tion in the Pennsylvania Bulletin). Interested personsmay also submit a summary of their comments to theBoard. The summary may not exceed one page in lengthand must also be received by March 12, 2001 (within 30days following publication in the Pennsylvania Bulletin).The one-page summary will be provided to each memberof the Board in the agenda packet distributed prior to themeeting at which the final regulation will be considered.

Electronic Comments—Comments may be submittedelectronically to the Board at [email protected] and must also be received by the Board by March12, 2001. A subject heading of the proposal and a returnname and address must be included in each transmission.If an acknowledgment of electronic comments is notreceived by the sender within 2 working days, thecomments should be retransmitted to ensure receipt.

JAMES M. SEIF,Chairperson




Annex ATITLE 25. ENVIRONMENTAL PROTECTIONSubpart D. ENVIRONMENTAL HEALTH AND

SAFETYARTICLE VII. HAZARDOUS WASTE

MANAGEMENTCHAPTER 261a. IDENTIFICATION AND LISTING

OF HAZARDOUS WASTESubchapter A. GENERAL

§ 261a.4. Exclusions.In addition to the requirements incorporated by refer-

ence[ , ]:

(1) The exclusion of 40 CFR 261.4(b)(1) (relatingto exclusions) does not apply to household hazard-ous waste as defined in § 271.1 (relating to defini-tions) collected as part of a collection event orcollected at an out-of-State household hazardouswaste collection which is brought into this Com-monwealth for processing, treatment, storage ordisposal.

(2) [ a ] A copy of the written state agreement requiredby 40 CFR 261.4(b)(11)(ii) [ (relating to exclusions) ]that includes a provision to assess the groundwater andthe need for further remediation once the free phaserecovery is completed for free phase hydrocarbon recoveryoperations shall be submitted to: Pennsylvania Depart-ment of Environmental Protection, Bureau of Land Recy-cling and Waste Management, Division of HazardousWaste Management, Post Office Box 8471, Harrisburg,Pennsylvania 17105-8471.

ARTICLE VIII. MUNICIPAL WASTECHAPTER 271. MUNICIPAL WASTE

MANAGEMENT—GENERAL PROVISIONSSubchapter A. GENERAL

§ 271.1. Definitions.The following words and terms, when used in this

article, have the following meanings, unless the contextclearly indicates otherwise:

* * * * *

[ Collection contractor—A person licensed as ahazardous waste transporter and approved by theDepartment and retained by a municipality to oper-ate a household hazardous waste collection pro-gram. ]

* * * * *

Household hazardous waste—[ A waste that wouldbe considered hazardous under the act, but for thefact that it is produced in quantities smaller thanthose regulated as hazardous waste under the actand is generated by persons not otherwise coveredas hazardous waste generators by that act. ] Wastegenerated by a household that could be chemicallyor physically classified as a hazardous waste underthe standards of Article VII (relating to hazardouswaste management).

(i) If the household hazardous waste is collectedas part of a collection event or originates at anout-of-State household hazardous waste collectionand is brought into this Commonwealth for pro-cessing, treatment, storage or disposal, it shall beregulated under Article VII.

(ii) If the waste is not collected at a collectionevent or does not originate at an out-of-State house-hold hazardous waste collection, it is solid wastewhich is excluded as hazardous waste under 40CFR 261.4(b)(1) (relating to exclusions), as incorpo-rated by reference in § 261a.1 (relating to incorpo-ration by reference, purpose, and scope).

(iii) For the purpose of this definition, the term‘‘household’’ includes those places described as‘‘households’’ in 40 CFR 261.4(b)(1).

* * * * *

CHAPTER 272. MUNICIPAL WASTE PLANNING,RECYCLING AND WASTE REDUCTION

Subchapter D. GRANTS

SCOPE

§ 272.301. Scope.

A person or municipality that seeks or receives agrant from the Department under the Municipal WastePlanning, Recycling and Waste Reduction Act or theSmall Business and Household Pollution Preven-tion Program Act shall comply with this subchapter.

GENERAL PROVISIONS FOR AWARDING GRANTS

§ 272.313. General requirements for grant applica-tions.

(a) A grant application under this subchapter shall besubmitted on a form prepared and furnished by theDepartment. The application shall contain informationthe Department deems necessary to carry out the Munici-pal Waste Planning, Recycling and Waste Reduction Actand the Small Business and Household PollutionPrevention Program Act, as applicable.

(b) A grant application shall be submitted by a munici-pality or, for a household hazardous waste collec-tion event grant application, a sponsor. [ A ] Forgrant applications submitted under the MunicipalWaste Planning, Recycling and Waste ReductionAct, a municipal authority may not submit a grantapplication. A municipality that receives a grant maypass funds from the grant to a municipal authority.

* * * * *

§ 272.314. Limits on Department’s authority toaward grants.

* * * * *

(b) The Department will not award a grant under thissubchapter to a person or municipality unless theapplicant demonstrates to the Department’s satisfactionthat it has complied with the following:

* * * * *

(3) If the application is for a household hazardouswaste collection event grant, the applicant hascomplied with the Small Business and HouseholdPollution Prevention Program Act.

(4) * * *

* * * * *

§ 272.317. Grant review.

The Department will deny a grant application, in wholeor in part, unless the applicant demonstrates the follow-ing to the Department’s satisfaction:

* * * * *



(2) Awarding the grant is likely to accomplish thepurposes of the Municipal Waste Planning, Recycling andWaste Reduction Act or the Small Business andHousehold Pollution Prevention Program Act, asapplicable.

GRANTS FOR HOUSEHOLD HAZARDOUS WASTECOLLECTION [ AND DISPOSAL ] EVENTS

§ 272.381. Scope of grant.

[ (a) ] The Department will award grants for the estab-lishment and operation of household hazardous wastecollection [ and disposal programs, ] events upon ap-plication of [ a municipality ] an eligible collectionevent sponsor. The grants may be awarded only toprograms that have been registered with and approved bythe Department under Subchapter F (relating to house-hold hazardous waste collection, transportation andmanagement).

[ (b) Grants for the operation of household haz-ardous waste collection and disposal programsshall be made from specially appropriated funds forthe purpose. ]§ 272.382. Eligible costs.

(a) [ The grant shall be 50% of the approved costof establishing and operating a household hazard-ous waste collection and disposal program. ] Eli-gible costs incurred by the sponsor for a householdhazardous waste collection event include the fol-lowing:

(1) Labor costs, including wages, salaries, costsfor Social Security, Workers’ Compensation andUnemployment Compensation.

(2) Travel and related costs associated with at-tending training courses and related meetings, ifreimbursement is approved in advance of the train-ing course or meeting by the Department.

(3) Legal fees for preparing and reviewing collec-tion contractor proposals and contracts in the de-velopment stage.

(4) Facility siting studies.

(5) Printing and distribution of public educationmaterial.

(6) Collection contractor mobilization fees andwaste management fees for collected materials.

(7) Onsite sanitary facilities.

(b) [ Costs not approved for a grant include, butare not limited to:

(1) Costs associated with a program that hasviolated the act, the environmental protection acts,the Municipal Waste, Planning, Recycling andWaste Reduction Act or regulations thereunder.

(2) Costs associated with a program that hasoperated in a manner that is contrary to the termsand conditions of the Department’s registration andapproval of the program.

The Department may not award money from theRecycling Fund for this grant. ] A Household Haz-ardous Waste Collection Event Grant shall be lim-ited to the lowest of the following:

(1) Fifty percent of the eligible costs incurred bythe sponsor in establishing and operating a collec-tion event.

(2) Eligible costs incurred in establishing andoperating a collection event, less fees collected bythe sponsor under § 272.533 (relating to fees).

(3) One hundred thousand dollars.§ 272.383. Grant application.

[ The application shall contain:

(1) A copy of the Department’s registration andapproval for the program.

(2) A summary of program cost, including thefunding match for the program grant.

(3) The name, mailing address, telephone numberand Pennsylvania hazardous waste transporter’slicense number of the contractor.

(4) The name and location of the treatment ordisposal facilities which will be used for thewaste. ]

(a) A grant applicant shall submit its applicationon a form provided by the Department. An applica-tion shall be accompanied by appropriate support-ing documentation.

(b) A grant applicant shall ascertain that a recordof operations has been sent to the Departmentprior to or with the grant application.§ 272.384. Education Grants.

A county may apply for a household hazardouswaste education program grant under § 272.321(relating to scope of grant).

Subchapter F. HOUSEHOLD HAZARDOUS WASTECOLLECTION, TRANSPORTATION AND

MANAGEMENT

SCOPE§ 272.501. Scope.

This subchapter sets forth provisions for the registra-tion, approval and operation of household hazardouswaste collection programs and for the managementand transportation of household hazardous wastecollected as part of an organized collection for thepurpose of separating the hazardous waste compo-nent from the nonhazardous waste component.

REGISTRATION AND APPROVAL OF PROGRAMS

§ 272.512. General application requirements.

(a) Registration applications shall be submitted to theDepartment on a form provided by the Department, andshall contain information the Department deems neces-sary to properly develop and implement a householdhazardous waste collection program. The application shallbe submitted by the [ person or municipality thatwill ] potential sponsor [ the collection program ].An application shall be submitted to the Depart-ment at least 60 days before the collection event.

(b) A registration application shall contain the follow-ing information:

(1) The location of the proposed site for the collectionevent. The site may be on public or private property,including, but not limited to, property owned, leased orcontrolled by the Commonwealth, its agencies or politicalsubdivisions. If the [ municipality that sponsors ]



sponsor of the collection program is not the owner of thesite, the [ person or municipality ] sponsor shallinclude as part of the registration application, writtenpermission from the owner of the site to use the propertyfor the collection event.

[ (33) ] (3) * * *

* * * * *§ 272.513. Contract.

The application shall include a negotiated contractbetween the [ person or municipality ] sponsor andthe collection contractor. A signed contract shall besubmitted to the Department prior to the collectionevent. The contract shall meet the following require-ments:

* * * * *(2) The contract shall require that the collection con-

tractor will provide the [ person or municipality ]sponsor with a statement that lists the names andqualifications of personnel accepting waste at the collec-tion event.

[ (33) ](3) * * ** * * * *

§ 272.514. Contingency plan.The application shall also include a contingency plan

that meets the following requirements. The plan shall:* * * * *

(5) Describe provisions for the safe managementof waste in the event of inclement weather.

(6) Describe provisions for cancellation or re-scheduling of the collection event due to inclementweather.

REGISTRATION REVIEW

§ 272.523. [ Public notice ] (Reserved).

[ The Department will publish notice in the Penn-sylvania Bulletin of the following:

(1) Receipt of an application for a registrationapproval under this subchapter.

(2) Approval or denial of an application for regis-tration approval under this subchapter. ]

OPERATION OF PROGRAMS§ 272.531. Basic operational requirements.

(a) A program for the collection and management ofhousehold hazardous waste shall be operated in accord-ance with [ the registration submitted by the mu-nicipality sponsoring the program and with condi-tions for approval the Department may attach tothe registration, the requirements of Article VII(relating to hazardous waste management) andwith guidelines issued by the Department underthe Municipal Waste Planning, Recycling and WasteReduction Act ] the following:

(1) The approved registration, including any con-ditions the Department attaches to approval.

(2) The Small Business and Household PollutionPrevention Program Act.

(3) The requirements of Article VII (relating tohazardous waste management as made applicableby this subchapter.

* * * * *

§ 272.532. Limitations on acceptable waste.(a) The following wastes may not be accepted at a

collection event:

(1) Radioactive [ waste ] material.

(2) [ Biologically active waste ] Infectious waste,except sharps.

(3) [ Gas cylinders or aerosol cans.

(4) ] Explosives [ or ordinance material ].

(b) An eligible entity may not deposit more than [ 100kilograms (220 lbs.) ] 1,000 kilograms (2,200 lbs.) ofwaste at an individual collection event. The collectioncontractor shall weigh waste received at a collection eventto ensure that no entity deposits more than [ 100 kilo-grams ] 1,000 kilograms of waste at an individualcollection event. A sponsor may lower the maximumamount of waste that may be deposited by aneligible entity.§ 272.533. Fees.

[ (a) The sponsoring municipality shall require aminimum fee of small businesses other than non-profit entities in the following amounts:

(1) Two dollars per pound for poisons, includingpesticides, insecticides, herbicides and fungicides.

(2) One dollar per pound for other householdhazardous wastes.

(b) The sponsoring municipality may require afee of other eligible persons to help defray the costsof operating the collection program. ]

To help defray the costs of operating a collectionprogram, a sponsor may require eligible entities topay a reasonable fee to deposit waste with thecollection program. If fees are collected and exceed50% of the eligible costs under § 272.382 (relating toeligible costs), the Department will limit reimburse-ment as described in that section.

§ 272.535. Cleanup of site.

At the end of the collection event, the [ municipality ]sponsor and the collection contractor shall return thecollection site to its original condition. Collected wasteshall be removed from the site within 48 hours aftercompletion of the collection event, unless a longer timehas been authorized by the Department. Cleanup of thesite shall be certified by the [ municipality ] sponsorand the collection contractor in a manner approved by theDepartment.

§ 272.537. [ Municipal ] Sponsor recordkeeping.

[ Municipalities sponsoring collection programsshall be responsible for maintaining the generatormanifest records in accordance with 40 CFR 262.40(relating to recordkeeping), incorporated in§ 262a.10 (relating to incorporation by reference,purpose, scope and applicability) and for the gen-erator reporting requirements under § 262a.42 (re-lating to exception reporting) and 40 CFR 262.42(relating to exception reporting), incorporated in§ 262a.10. ] A sponsor shall keep a copy of themanifests provided to it by the collection contrac-tor under § 272.541 (relating to collection contrac-tor) for 3 years and shall make them available tothe Department upon request.



COLLECTION CONTRACTORS

§ 272.541. [ Basic requirements ] Collection con-tractor.

(a) [ A collection contractor may not operate ahousehold hazardous waste program or site, ortransport household hazardous waste unless thecontractor has prior Departmental approval and anidentification number and transporter license asrequired under Chapter 263a (relating to transport-ers of hazardous waste) and 40 CFR 263.11 (relatingto EPA identification number), incorporated in§ 263a.10 (relating to incorporation by referenceand scope). ] A collection contractor shall complywith the following requirements:

(1) The collection contractor shall have an EPAhazardous waste identification number under 40CFR 262.12 (relating to EPA identification num-bers), incorporated by reference at § 262a.10 (relat-ing to incorporation by reference purpose, scopeand applicability) and modified at § 262.a12 (relat-ing to EPA identification numbers).

(2) The collection contractor shall have a hazard-ous waste transporter’s license under § 263a.13 (re-lating to licensing). In the event that the collectioncontractor will not transport the household hazard-ous waste, the collection contractor shall demon-strate to the Department that the person or munici-pality that will transport the household hazardouswaste has a valid hazardous waste transporter’slicense under § 263a.13.

(b) The collection contractor shall be deemed to be thegenerator of hazardous waste for household hazardouswastes accepted during the collection program and shallmanage, transport and dispose of the waste in accordancewith this chapter[ , ] and the applicable provisions ofArticle VII (relating to hazardous waste management)except Chapter 262a, Subchapter I (relating tosource reduction strategy). [ and conditions theDepartment may attach to the registration of thecollection program. Disposal of household hazard-ous waste collected under this subchapter shall beat a facility having a permit or interim statusunder the Resource Conservation and Recovery Act(42 U.S.C.A. §§ 6901—6986). ]

(c) The collection contractor shall comply with [ 40CFR Part 262 (relating to standards applicable togenerators of hazardous waste), to the extent thatPart 262 is incorporated by reference in Chapter262a (relating to standards applicable to generatorsof hazardous waste), except Chapter 262a,Subchapters D and I (relating to recordkeeping andreporting; and source reduction strategy). ] the fol-lowing requirements:

(1) The collection contractor shall manage, trans-port and dispose of the waste in accordance withconditions the Department may attach to the ap-proval of the collection event.

(2) The collection contractor shall deliver a copyof the generator copy of the manifests to the spon-sor to maintain in accordance with § 272.537 (relat-ing to sponsor recordkeeping).

(3) The collection contractor shall provide a copyof the record of operations to the sponsor.

(4) The collection contractor shall provide for therecycling, reuse or use of the collected materials tothe greatest extent feasible.

(d) [ At the end of the collection event, the collec-tion contractor shall deliver the generator copy ofthe manifests to the sponsoring municipality tomaintain in accordance with 40 CFR 262.40 (relat-ing to recordkeeping), incorporated in § 262a.10(relating to incorporation by reference, purpose,scope and applicability). ] The collection contractorshall ensure that the household hazardous waste istreated, stored or disposed at a facility having apermit or interim status under the Resource Con-servation and Recovery Act (42 U.S.C.A. §§ 6901—6992k).§ 272.542. Reporting.

The collection contractor shall make and maintain arecord of [ collection activities ] operations and sub-mit a copy of the record to the Department and sponsorwithin 30 days of the end of each collection event. Therecord shall be on a form provided by the Department,and shall include:

* * * * *

§ 272.543. [ Recycling or reuse of collected materi-als. ] (Reserved).

[ The collection contractor shall, to the greatestextent feasible, provide for the recycling, reuse oruse of the collected materials. ]

TRANSPORTERS OF HOUSEHOLD HAZARDOUSWASTE

§ 272.551. Household hazardous waste transporta-tion, storage and disposal.(a) A transporter of household hazardous waste

collected as part of a collection event shall meet therequirements of this section.

(b) A transporter of household hazardous wasteshall meet the requirements of this section if thewaste is collected at an out-of-State household haz-ardous waste collection and brought into this Com-monwealth for processing, treatment, storage ordisposal.

(c) A transporter of household hazardous wastedescribed in subsection (a) or (b) is subject toArticle VII (relating to hazardous waste manage-ment), including the following:

(1) The waste shall be manifested as requiredunder Chapter 262a (relating to standards appli-cable to generators of hazardous waste) to a facilityhaving a permit or interim status under the Re-source Conservation and Recovery Act (42 U.S.C.A.§§ 6901—6992k).

(2) The transporter shall comply with the hazard-ous waste transportation requirements in Chapter263a (relating to transporters of hazardous waste).




PENNSYLVANIA PUBLICUTILITY COMMISSION

[52 PA. CODE CH. 59][L-00000151]

Natural Gas Emergency Plans and EmergencyActions

The Pennsylvania Public Utility Commission (Commis-sion) on July 20, 2000, adopted a proposed rulemakingorder setting forth the procedures the Commission in-tends to follow in managing natural gas emergencies inorder to maintain gas service and minimize servicedisruptions. The contact persons are Ahmed Kaloko,Bureau of Conservation, Economics and Energy Planning,(717) 787-2139 and David Screven, Law Bureau, (717)787-2126.

Executive Summary

For many years, natural gas emergency planning hasbeen a staple of this Commonwealth’s natural gas distri-bution companies’ (NGDCs) operational considerations.Given the necessity for 100% reliability on all natural gasdistribution systems, NGDCs have long planned for forcemajeure or other unexpected events that threatenedsystem integrity.

On June 22, 1999, Governor Tom Ridge signed into lawthe Natural Gas Choice and Competition Act (act). Theact revised 66 Pa.C.S. (relating to the Public Utility Code)(code) by inter alia, adding Chapter 22, relating to therestructuring of the natural gas utility industry. Never-theless, the act is clear that even with the restructuringof the natural gas industry, the requirement for 100%reliability of all NGDC systems remains constant.

The Natural Gas Emergency Regulations are designedto address the management of natural gas emergencies inthis new environment in order to maintain (or restore asquickly as possible) gas service to essential human needscustomers while minimizing service disruption. The pro-posed regulations address a number of matters that arecritical to gas emergency and gas curtailment, including:(1) emergency load shedding, (2) a call for voluntaryusage reduction, (3) a call for mandatory load and usagereduction, (4) issuance of periodic reports to the media onemergency situations, (5) notice of affected customers andnatural gas suppliers (NGSs), (6) customer and NGSdelivery requirements that apply to emergency actions,(7) a procedure for focusing emergency measures toconfined geographic areas, and (8) procedures for estab-lishing communications. On all of these issues, the regu-lations provide a strong framework for addressing theseissues in more detail in the context of each utility’s tariffand operational procedures.

Regulatory Review

Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on January 31, 2001, the Commissionsubmitted a copy of these proposed amendments to theIndependent Regulatory Review Commission (IRRC) andto the Chairpersons of the House and Senate Committees.In addition to submitting the proposed amendments, theDepartment has provided IRRC and the Committees witha copy of a detailed Regulatory Analysis Form preparedby the Department in compliance with Executive Order1996-1, ‘‘Regulatory Review and Promulgation.’’ A copy ofthis material is available to the public upon request.

Under section 5(g) of the Regulatory Review Act, ifIRRC has objections to any portion of the proposedamendments, it will notify the Department within 10days of the close of the Committees’ review period. Thenotification shall specify the regulatory review criteriathat have not been met by the portion of the proposedamendments to which an objection is made. The Regula-tory Review Act specifies detailed procedures for review,prior to final publication of the amendments, by theDepartment, the General Assembly and the Governor ofobjections raised.

Commissioners Present: John M. Quain, Chairperson;Robert K. Bloom, Vice Chairperson; Nora MeadBrownell; Aaron Wilson, Jr.; and Terrance J. Fitzpatrick

Public Meeting heldJuly 20, 2000

Proposed Rulemaking Order

By the Commission:

On June 22, 1999, Governor Tom Ridge signed into lawthe Natural Gas Choice and Competition Act (act). Theact revised the code, by inter alia, adding Chapter 22,relating to the restructuring of the natural gas utilityindustry. The Pennsylvania Public Utility Commission(Commission) is the agency charged with implementingthe act.

This Order sets forth the procedures the Commissionintends to follow in executing its responsibilities underthe Natural Gas Choice and Competition Act, as codifiedin 66 Pa.C.S. §§ 2201—2212.

Background

For many years, natural gas emergency planning hasbeen a staple of this Commonwealth’s NGDCs operationalconsiderations. Given the necessity for 100% reliability onall natural gas distribution systems, NGDCs have longplanned for force majeure or other unexpected events thatthreatened system integrity. Most plans called for orderlyways to immediately drop gas load in the threatenedparts of the NGDC system. During the 1970s, whenanticipated gas supply shortages appeared to becomeendemic and also threatened the viable operation of everylocal distribution company (LDC), gas supply curtailmentplans were incorporated into all NGDC tariffs at thedirection of the Commission. To this day, there is arequirement that curtailment plans be incorporated inthe tariffs.

After the issuance of FERC Order 636 in 1992, whichremoved pipelines from the merchant function and madethem transporters of natural gas, and the passage of theCommonwealth’s Natural Gas Choice and CompetitionAct in 1999, the importance of revising these require-ments became apparent. In this context, NGSs are re-sponsible for bringing increased volumes of gas to NGDCsto satisfy the requirements of their customers. Neverthe-less, the requirement for 100% reliability of all NGDCsystems remains.

The Commission approved the Interim Safety andReliability Guidelines (Interim Guidelines) at its publicmeeting on October 15, 1999, at Docket No. L-00990144for both NGDCs and NGSs to consider their respectiveroles in this emerging competitive environment. On April24, 2000, at Docket No. M-00001351, the Commissionadopted a proposed policy statement incorporating theInterim Guidelines into Chapter 69 (relating to generalorders, policy statements and guidelines on fixed utilities)of its regulations. Likewise, natural gas emergency plan-



ning should also reflect the various roles of the partici-pants in this new environment. The Natural Gas Emer-gency Regulations set forth below are designed to addressthe management of natural gas emergencies in this newenvironment in order to maintain (or restore as quicklyas possible) gas service to essential needs customers whileminimizing service disruption.

These proposed regulations are intended to addressemergencies, which by definition, are limited to situationswhere available firm supply or capacity is not sufficient tomeet firm service requirements. Accordingly, the interrup-tion of interruptible services, and their subsequent resto-ration, are not addressed. The treatment of interruptibleservices raises valid issues, however, and the Commissionexpects NGDCs to address these issues, including electricgeneration facilities that use interruptible service, in thereliability plans that NGDCs are required to file with theCommission annually under 66 Pa.C.S. § 1317(c).Discussion

Commission staff established a Collaborative WorkingGroup as the appropriate vehicle to proceed with theimplementation of gas emergency plans and curtailmentunder the Natural Gas Choice and Competition Act, 66Pa.C.S. § 2201, et seq. On February 29, 2000, Commis-sion staff convened the first meeting of the Gas Safetyand Reliability Working Group addressing gas emergencyplans and curtailment issues.

At the initial meeting of the working group, Commis-sion staff identified statutory directives that applied tothe working group, framed a tentative list of issues thatshould be addressed by the working group and estab-lished a date for the submission of informal comments.Several meetings of the working group were held betweenFebruary and April 2000.

Commission staff urged the parties to identify thosecommon issues that would be addressed in the meetings.The Office of the Consumer Advocate, the Office of TrialStaff, the Pennsylvania Gas Association, Texas EasternCorporation, CNG Retail Services Corporation and TXUEnergy Services (filed jointly with Statoil Energy) submit-ted informal comments on February 29, 2000.

The working group agreed that the requirements forgas emergency plans should be more than guidelines. Asa result, the working group designated selected membersto draft suggested regulations and this draft was deliv-ered to the full group and considered at the meeting onMay 23, 2000. Since the proposed regulations weredesigned to replace the Commission Gas CurtailmentGuidelines (Guidelines) at §§ 69.21—69.27, the workinggroup placed the proposed regulations in Chapter 59(relating to gas service) on Gas Service rather than inChapter 69. The working group agreed that the proposedregulations should be presented at public meeting for theCommission’s consideration.

The Commission intends that these regulations beincorporated into its regulations at Chapter 59. TheGuidelines at §§ 69.21—69.27 are to be eliminated. Addi-tionally, since § 59.63 refers to the Guidelines at§§ 69.21—69.27, § 59.63 will also be modified to reflectthe proposed changes.

The proposed regulations address a number of mattersthat are critical to gas emergency and gas curtailment,including: (1) emergency load shedding, (2) a call forvoluntary usage reduction, (3) a call for mandatory loadand usage reduction, (4) issuance of periodic reports tothe media on emergency situations, (5) notice of affectedcustomers and NGSs, (6) customer and NGS delivery

requirements that apply to emergency actions, (7) aprocedure for focusing emergency measures to confinedgeographic areas, and (8) procedures for establishingcommunications. On all of these issues, the regulationsprovide a strong framework for addressing these issues inmore detail in the context of each utility’s tariff andoperational procedures.

During discussions in the working group sessions, asuggestion was made to include a section in the proposedregulations indicating that the Commission would issueEmergency Orders that might include substantial penal-ties for any customer continuing to take gas in violationof the rules found in this subchapter. The membersagreed not to include this in the proposed rulemaking,but rather to solicit additional comments on the issue.

The Commission already has adequate authority toissue Emergency Orders and to impose such penaltiesasare appropriate for violations. In order to continue thecollaborative process, however, the Commission will con-sider comments concerning the use of Emergency Ordersto address issues raised by a customer’s continued con-sumption of gas in violation of the proposed rules,particularly in situations where the NGDC is unable todiscontinue service. To the extent that comments demon-strate a need for further Commission directives on theseissues, we will initiate a separate proceeding at theappropriate time.

To ensure the continued safety and reliability of naturalgas service in this Commonwealth, the Commission pro-poses to amend Chapter 59 by amending § 59.63, adding§§ 59.71—59.75, which establishes regulations for natu-ral gas emergency plans and curtailment safety andreliability, and eliminating §§ 69.21—69.27 of the Com-mission’s regulations. Accordingly, under section 501 ofthe code, and the act of July 31, 1968 (P. L. 769, No. 240)(45 P. S. §§ 1201 and 1202), and regulations promulgatedthereunder at 1 Pa. Code §§ 7.1—7.4, the Commissionamends the regulations as noted to read as set forth inAnnex A;Therefore, It Is Ordered That:

(1) A rulemaking docket shall be opened to promulgateregulations for gas emergency plans as set forth in AnnexA.

(2) The Secretary shall submit a copy of this order andAnnex A to the Office of Attorney General for preliminaryreview as to form and legality.

(3) The Secretary shall submit a copy of this order,together with Annex A, to the Governor’s Budget Officefor review of fiscal impact.

(4) The Secretary shall submit this order and Annex Afor review and comments by the designated standingcommittees of both houses of the General Assembly, andfor review and comments by IRRC.

(5) The Secretary shall certify this order and Annex Aand deposit them with Legislative Reference Bureau forpublication in the Pennsylvania Bulletin.

(6) Within 30 days of this order’s publication in thePennsylvania Bulletin, any interested person may submitan original and 15 copies of written comments to theOffice of the Secretary, Pennsylvania Public Utility Com-mission, P. O. Box 3265, Harrisburg, PA, 17105-3265. Onecopy of a diskette containing the comments in electronicformat should also be submitted. A copy of writtencomments shall be served upon the Commission’s Bureauof Conservation, Economics and Energy Planning. Replycomments will be due 15 days from the last date of the30-day comment period.



(7) A copy of this order and Annex A shall be servedupon the Office of Consumer Advocate, the Office of SmallBusiness Advocate, the Office of Trial Staff, all jurisdic-tional natural gas distribution companies and all licensednatural gas suppliers, and provided to all interestedpersons.

JAMES J. MCNULTY,Secretary


Annex A

TITLE 52. PUBLIC UTILITIES

PART I. PENNSYLVANIA PUBLIC UTILITYCOMMISSION

Subpart C. FIXED SERVICE UTILITIES

Chapter 59. GAS SERVICE

REPORTING AND CURTAILMENT OF SERVICE

§ 59.63. [ Curtailment tariffs ] Natural gas emer-gency plans.

As part of its officially filed tariff, each jurisdictionalgas utility shall have on file with the Commission[ detailed procedures for the curtailment of ser-vice ] natural gas emergency plans. The [ curtail-ment tariffs ] plans shall be under Commission[ guidelines ] requirements [ contained at ]§§ [ 69.21—69.27 (relating to gas curtailment) ]59.71—59.75 (relating to gas emergency plans).

GAS EMERGENCY PLANS

(Editor’s Note: Sections 59.71—59.75 are new. The texthas been presented in regular type to enhance readabil-ity.)


The following words and terms, when used in thissection and in §§ 59.72—59.75, have the following mean-ings, unless the text clearly indicates otherwise:

Alternate fuel—Any fuel other than natural gas.

Alternate fuel capability—The installed and operableability to use any fuel other than natural gas on a timesensitive basis.

Commercial use—Gas usage by customers engaged pri-marily in the sale of goods and services including con-sumption by office buildings, institutions and governmentagencies.

Essential human needs use—Gas usage in any buildingwhere persons normally dwell including residences, apart-ment houses, dormitories, hotels, hospitals and nursinghomes.

Firm service—Natural gas service offered to consumersunder tariffs or contracts that anticipate no interruption.

Industrial use—Gas usage by customers engaged pri-marily in a process which creates or changes raw orunfinished materials into another form or product includ-ing the generation of electric power.

Interruptible service—Natural gas services that can betemporarily discontinued under terms and conditionsspecified by tariff or contract.

NGDC—Natural gas distribution company.

NGS—Natural gas supplier.

Plant protection use—Minimum usage of natural gasrequired to prevent physical harm to an industrial orcommercial consumer’s facility, or danger to personnel atthe facility, when the protection cannot be affordedthrough the use of an alternate fuel. Plant protection useincludes usage necessary for the protection of the mate-rial in process as would otherwise be destroyed, but doesnot include deliveries required to maintain production.

Residential use—Gas usage in a residential dwelling orunit for space heating, air conditioning, cooking, waterheating or other domestic purpose.

§ 59.72. Natural gas emergency planning.

(a) By (Editor’s Note: The blank refers to adate 90 days from the effective date of adoption of thisproposal.) or a later date as may be determined by theCommission, each NGDC shall file with the Commissiona natural gas emergency plan reflecting its unique opera-tional characteristics and design criteria. Each plan shallcontain simplified and understandable rules and regula-tions so that all of the NGDC’s customers and all NGSslicensed to provide services to their customers can have aresponsive action plan in place to protect themselves andtheir property in the event of a crisis. NGDCs shall filerevisions to their plans when and as appropriate, or asdirected by the Commission.

(b) As part of their emergency planning, NGDCs areencouraged to make contractual or informal arrange-ments with their transportation customers, sales custom-ers and others to obtain supplies or, as an alternative, toimplement usage reductions, so that resorting to firmservice reductions under § 59.73 (relating to emergencyaction) can be avoided, or the severity of supply orcapacity disruption can be mitigated. The purpose ofthese arrangements is to provide a means to minimizethe potential of supply shortfalls that threaten publichealth and safety, and not to make up for inadequateperformance by individual parties.

(c) Each natural gas emergency plan shall includeprovisions addressing:

(1) Emergency load shedding.

(2) Voluntary usage reductions, for example, reducingspace or water heating temperatures to levels specified bythe NGDC.

(3) Mandatory usage reductions for certain customersconsistent with § 59.73(c).

(4) Issuance of periodic reports to the media concerningthe existing natural gas emergency.

(5) Notice to affected customers and NGSs of theexpected initiation of emergency actions under § 59.73.

(6) Customer and NGS delivery requirements that ap-ply during the term of emergency action under § 59.73,regardless of customer-specific usage reductions that ariseor may arise from end-use curtailments.

(7) A procedure for focusing emergency measures toconfined geographic or operational portions, segments orzones of the NGDC system where a natural gas emer-gency exists.

(8) Procedures for establishing communications withelectric system control area operators, if the NGDCprovides gas service to electric generation stations.

(d) Each natural gas emergency plan should specify theprocedures the NGDC shall use to provide notices toaffected customers, their NGSs and NGDCs. Notice to the



public concerning usage reductions should be designed toavoid confusion in geographical areas served by morethan one NGDC.§ 59.73. Emergency action.

(a) An emergency exists whenever the aggregate de-mand of firm service customers on an NGDC’s system orconfined segment of the system exceeds or threatens toexceed the gas supply or capacity that is actually andlawfully available to the NGDC to meet the demands, andthe actual or threatened excess creates an immediatethreat to the NGDC’s system operating integrity withrespect to Priority 1 customers as defined in subsection(j).

(b) If, in the sole judgement of the NGDC, there issufficient time, the NGDC will use reasonable businessand operational efforts to: interrupt all interruptibleservices, issue operational flow orders, and call for volun-tary usage reductions by all customers before taking anyaction under subsection (c). The NGDC shall take thesethree actions sequentially to the extent feasible.

(c) In the event of an emergency under subsection (a),the NGDC may require each commercial and industrialretail and transportation customer that is not a Priority 1customer under subsection (i) to reduce its consumption ofgas.

(1) The reduction required shall be determined by theutility without regard to priorities of use, as necessary tominimize the potential threat to public health and safety.

(2) The minimum authorized usage may not be lowerthan the minimum usage of firm service necessary forplant protection use.

(3) When all other service has been curtailed except forPriority 1 service and the NGDC continues to be unableto meet Priority 1 requirements, the NGDC will exerciseits judgment as to any further curtailment that may benecessary and will utilize measures designed to minimizeharm to customers if curtailments to plant protection useare found to be necessary.

(4) Consistent with its responsibility to maintain sys-tem integrity at all times, the NGDC shall restore serviceas soon as practicable to any gas-fired electric generationfacility that is deemed critical to electric system reliabil-ity by the electrical system’s control area operator.

(d) Mandatory reductions under subsection (c) shall befor a period specified by the NGDC until further notice.The NGDC may change a customer’s authorized usage,upon notice, at any time during an emergency.

(e) Mandatory reductions under subsection (c) shall befor a maximum duration of 5 business days unlessextended by Commission order. As an alternative toextending mandatory reductions under subsection (c), theCommission may order the NGDC to initiate priority-based curtailments under subsection (f).

(f) In determining whether to order the NGDC toinitiate priority-based curtailments, the Commission willexamine whether the NGDC did the following:

(1) Interrupted all interruptible services.

(2) Issued operational flow orders.

(3) Called for voluntary usage reductions by all custom-ers.

(g) Upon issuance of an order to initiate priority-basedcurtailments, the NGDC shall provide all affected custom-ers the maximum notice possible, via telephone, fax orelectronic data interchange, specifying the curtailment

percentage of the customer’s firm gas service and result-ing allowance as may be the case.

(h) Upon issuance of an order to initiate priority-basedcurtailments, the available gas supplies to the NGDCshould be prorated among its customers in accordancewith the following priorities of use:

(1) Customers in a higher priority will not be curtaileduntil all customers falling into a lower category have beenrestricted to plant protection use levels, unless opera-tional circumstances or physical limitations warrant adifferent result.

(2) Where only a partial restriction of a classification isrequired, implementation should be pro rata.

(3) The pro rata rationing, to the extent practical underthe circumstances, will be based on a method set forth inthe NGDC’s tariff.

(i) Following are the priority categories, listed in de-scending order, pertaining to the curtailment of firmservices:

(1) Priority 1. Service for essential human needs use.

(2) Priority 2. Firm services not included in essentialhuman needs use.

(j) As part of its natural gas emergency plan, an NGDCmay divide any or all of the priority of use categories insubsection (i) into subcategories.

§ 59.74. Utility liability.

(a) Each NGDC may restrict or discontinue service inaccordance with this section and §§ 59.71—59.73 and59.75 without thereby incurring any penalty or liabilityfor any loss, injury or expense that may be sustained bythe customer except when the restriction or discontinua-tion of service is as a result of the NGDC’s willful orwanton misconduct.

(b) NGDC liability for actions taken under § 59.73(relating to emergency action), or to a regulation, policystatement, directive or order issued by the Commission oran emergency order issued by the Governor shall begoverned by the following principles:

(1) If an NGDC appropriates natural gas during anemergency action, the NGDC will compensate the appli-cable entity, whether the customer or the customer’sNGS, for the cost of lost, firm gas service. The compensa-tion, in the aggregate, shall equal but not exceed thegreater of: the city gate cost of the appropriated naturalgas, including transportation charges up to the NGDC’scity gate, or the reasonable cost actually paid by thecustomer for delivered substitute energy, as documentedto the NGDC. NGDCs may provide compensation in kindonly at the discretion of the affected customer or NGS.

(2) The NGDC will have the right to discontinueservice, for the duration of an emergency, to a customerthat continues to take gas in violation of the rules foundin this subchapter.

§ 59.75. Penalties for unauthorized takes.

The tariff, operating practices, and billing periods of theNGDCs and their suppliers differ significantly. Therefore,each NGDC is permitted to utilize its own appropriatebilling periods for calculating pipeline transportation,storage service, and balancing or other penalties and itsown tariffed procedure for imposing those penalties oncustomers who take gas service and NGSs who operate ina manner that is contrary to the rules and regulations ofthis chapter.



CHAPTER 69. GENERAL ORDERS, POLICYSTATEMENTS AND GUIDELINES ON FIXED

UTILITIES

[ GAS CURTAILMENT ]

(Editor’s Note: As part of this proposed rulemaking, theCommission is proposing to delete the text of §§ 69.21—69.27 (relating to gas curtailment), which currently ap-pears in 52 Pa. Code pages 69-16.2—69.21, serial pages(271646)—(271650), (201989), (201990), (263695),(263696) and (201993).)

§§ 69.21—69.27. (Reserved).[Pa.B. Doc. No. 01-220. Filed for public inspection February 9, 2001, 9:00 a.m.]

[52 PA. CODE CH. 63]Rulemaking Re Generic Competitive Safeguards;

Doc. No. L-00990141

By Order entered November 30, 1999, this Commissioninitiated a proposed rulemaking proceeding to establishcompetitive safeguards in furtherance of the provisions ofChapter 30 of the Public Utility Code, 66 Pa.C.S. §§3001-3009. The proposed rulemaking order required thatcomments be filed within 30 days of publication in thePennsylvania Bulletin, which occurred on January 29,2000. Comments were, therefore, originally due February28, 2000.

On two separate occasions, this Commission grantedextensions for the filing of comments in the above-captioned matter after receiving requests for a staybecause of the uncertainty surrounding the pending Glo-bal appeals and the relevance their resolution may bearon this rulemaking proceeding. Specifically, the November30, 1999 Order proposed a Code of Conduct that ismodeled closely after the Code of Conduct adopted forVerizon Pennsylvania Inc. (formerly Bell Atlantic-Pennsylvania, Inc.) in the Global Order entered Septem-ber 30, 1999, at Docket Nos. P-00991648 and P-00991649.The second extension granted by this Commission bysecretarial letter dated April 26, 2000, stayed, untilfurther notice, the comment period in the above-referenced matter.

On October 25, 2000, the Commonwealth Court unani-mously upheld the Commission’s Global Order, includingthe aforementioned Code of Conduct. On November 22,2000, Verizon filed a petition for allowance of appeal withthe Pennsylvania Supreme Court without further chal-lenging the Commonwealth Court’s decision relating tothe Code of Conduct. Given this changed circumstanceremoving the prior uncertainty, we believe it is nowappropriate to re-establish a comment period for theproposed rulemaking. We, therefore, direct that commentsbe filed on or before Friday, February 23, 2001, and thata copy of this letter be published in the PennsylvaniaBulletin.



STATE BOARD OFNURSING

[49 PA. CODE CH. 21]General Revisions of the Professional Nursing

Provisions

The State Board of Nursing (Board) proposes generalrevisions to its regulations governing professional nurses(RNs) in Chapter 21 (relating to State Board of Nursing)to read as set forth in Annex A.A. Effective Date

The amendments will be effective upon publication offinal-form regulations in the Pennsylvania Bulletin.B. Statutory Authority

The Board is authorized to adopt regulations necessaryfor the administration of its enabling statute undersection 2.1(k) of the Professional Nursing Law (law) (63P. S. § 212.1(k)). Section 6.1 of the law (63 P. S. § 216.1)requires the Board to establish standards for the opera-tion and approval of nursing education programs for thepreparation of registered professional nurses.C. Background and Purpose

The proposed amendments represent the results of theBoard’s systematic review of its professional nursingregulations. The Board began the review in 1993. TheBoard held a public hearing in that year to receive publiccomments from the profession on an early draft of theseproposed amendments. The Board continued its review inaccordance with the principles and requirements of Ex-ecutive Order 1996-1 of February 6, 1996. The ExecutiveOrder directs executive agencies to evaluate existingregulations and amend and delete regulations as neces-sary to comply with the order. In accordance with theExecutive Order, a draft of this proposal was sent onAugust 10, 1998, to 27 agencies, associations, health careentities and individuals who have been identified asinterested parties or who have expressed an interest inthis proposed rulemaking. The Board reviewed thesecomments at its meeting of November 17, 1998.

The Board seeks in these revisions to eliminate out-dated provisions, to standardize and simplify language inprovisions that maintain their validity, and to reflecteducational, testing and practice developments.D. Description of Amendments

These revisions would make editorial changes to 31sections, eliminate 20 sections, and add five new sections.These revisions would also consolidate separate provi-sions pertaining to baccalaureate, associate degree anddiploma programs into one category, nursing educationprograms, the term used in section 6.1 of the law. Sevennew definitions are proposed for § 21.1 (relating todefinitions). The content of § 21.26 (relating to failingrate of a school in examination) would be moved to§ 21.34(b) (relating to removal from approved list). A newstandard for removing nursing education programs basedon the failure rate of first-time examinees is proposed.Major substantive changes are also proposed for facultyand staff requirements for a nursing education program.Major Changes§ 21.34. Removal from approved list; percentage failure

rate in examination.The Board proposes to reserve § 21.26, move its con-

tents to § 21.34, clarify the procedure for removing a



nursing education program from the approved list, andestablish a new standard for removal of a program basedon the failure rate for the licensure examination.

One of the criteria used by the Board, as well as manyother state boards of nursing, in approving a nursingeducation program is the passing rate of graduates of theprogram who take the licensure examination (NCLEX) forthe first time. Under the current § 21.26, a nursingeducation program’s status will be downgraded from fullyapproved to provisionally approved if less than 60% of itsgraduates pass the NCLEX when they take it the firsttime.

The amendments would reserve the current § 21.26and move the criteria for establishing minimum passrates to § 21.34, which deals with removal of a nursingeducation program from the Board’s approved list. Theamendments would cause a nursing education program,beginning 1 year after final rulemaking is implemented,to be downgraded from fully approved to provisionallyapproved if less than 80% of its graduates pass theNCLEX when they take it the first time. The Boardproposes this change for the following reasons.

The Commonwealth’s minimum passing rate is theleast stringent standard in the Nation when comparedwith other states that use the NCLEX passing rate as acriterion for approving a nursing education program.Under current standards, a nursing education programwill maintain full approval status if more than 60% of itsgraduates pass the NCLEX on their first attempt. Sevenstates have established 75% as the minimum passingrate, 13 states have established 80% as the minimum,and six states have established 85% as the minimum.(National Council of State Boards of Nursing, Inc., Pro-files of Member Boards-1996)

For the examination year October 1, 1997, to Septem-ber 30, 1998, only 10 of 56 jurisdictions had NCLEXperformance rates below that of this Commonwealth. The10 jurisdictions are American Samoa (four candidates),Delaware, District of Columbia, Guam, Illinois, New York,Northern Mariana Islands (10 candidates), Puerto Ricoand Virgin Islands. The overall pass rate for first timeexaminees applying for licensure in this Commonwealthwho were educated in programs in this Commonwealthduring the examination year October 1, 1997, to Septem-ber 30, 1998, was 80.6%. The overall pass rate for theUnited States in the same period was 85.3% When thisCommonwealth’s pass rate is broken down according totype of program, the pass rate for graduates of associatedegree programs was 79% (1,075 of 1,355 examinees),baccalaureate degree programs, 80% (1,157 of 1,452), anddiploma programs, 84% (717 of 853).

Under the current standards, the nursing educationprograms in this Commonwealth can maintain full ap-proval status. If the amendments were in effect, 11 of 22associate degree programs, 17 of 32 baccalaureate degreeprograms and six of 26 diploma programs would be onprovisional status. These programs would have to im-prove the performance of their graduates on the NCLEXto return to full approval status.

The Board believes that the minimum passing rate forthis Commonwealth’s programs should be consistent withthe rest of the Nation. Programs will be motivated toimprove if the minimum passing rate required for main-taining full approval is increased. The Board believes thata number of programs are not providing sufficient sup-port services for students which results in lower passrates for their graduates. It is the Board’s understanding

that programs with higher pass rates do not have moreresources available to them than programs with lowerpass rates.

The proposed amendments to § 21.34(a) also clarify theprocedure for removing a nursing education program fromthe approved list. Under the current § 21.34, the Boardgives ‘‘sufficient’’ notice of its intent to remove a program.The proposed amendment will provide 90 days notice tothe program.

§ 21.71. Faculty and staff requirements for baccalaureateand associate degree programs.

The current § 21.71(b)(1) requires the director of abaccalaureate degree program to hold a master’s degreein nursing and either an earned doctorate or a specificplan for completing the doctorate, and to have experiencein nursing practice, nursing education within an institu-tion of higher education and educational administration.The amendment to § 21.71(b) would require the nurseadministrator of a baccalaureate nursing education pro-gram who is employed for the first time 1 year after theimplementation of final rulemaking to hold an earneddoctorate with a nursing major at either the master’s ordoctoral level. The nurse administrator will also berequired to have experience in the areas of administration(not necessarily educational administration), nursingpractice and nursing education within an institution ofhigher education.

The proposed requirement that the nurse administratorof a baccalaureate nurse education program have adoctorate reflects the current standard in nursing educa-tion. The nurse administrators of 30 of this Common-wealth’s 32 baccalaureate degree programs hold doctor-ates. The remaining two programs would not be requiredto comply with the doctoral standard until there is achange of nurse administrator. When the current regula-tion went into effect in 1983, few nurses held doctorates.Today nurses holding doctorates are available.

The current §§ 21.71(b)(2) and 21.74 (relating to fac-ulty and staff requirements for diploma programs) requirethe director of an associate degree program or a diplomaprogram to hold a master’s degree in nursing and haveexperience in the areas of nursing practice, nursingeducation and educational administration. Additionally, acandidate without a master’s degree who has madeoutstanding contributions to nursing education may, atthe discretion of the Board, serve as the director of adiploma program.

Under the proposed amendments, the nurse adminis-trator of an associate degree or diploma program will stillbe required to hold a master’s degree in nursing and haveexperience in the areas of nursing practice, nursingeducation and administration (although not necessarilyeducational administration). The Board will no longerrequire that a candidate for the position of nurse admin-istrator of any educational program have administrativeexperience in the field of education. The Board is of theopinion that such a requirement is unnecessarily restric-tive and that administrative experience gained outside ofeducation is acceptable. Under the proposed amendments,a diploma program will no longer have the option ofseeking Board approval for a candidate who lacks therequired master’s degree but who has made outstandingcontributions to nursing education.

The current §§ 21.71(a)(5) and 21.74(a)(3) require thatthe faculty members of all types of program have amaster’s degree in nursing with graduate preparationrelevant to their clinical areas of responsibility. Under the



proposed amendments in § 21.71(a)(6), every facultymember will be required to have a master’s degree innursing or an earned doctoral degree in nursing withgraduate preparation and clinical experience relevant totheir clinical areas of responsibility. Under both thecurrent regulations and the proposed amendments, nurs-ing education programs may apply to the Board forpermission to employ a faculty member without a mas-ter’s degree in nursing for up to 5 years if qualifiedcandidates are not available.

Section 21.71(b)(9) is being added to authorize clinicalpreceptors to guide nursing students in clinical activities.Under current regulations, only a faculty member couldguide students in clinical activities. The Board believesthe current regulation is unnecessarily restrictive.

§§ 21.61—21.126. Reorganization and consolidation ofprovisions pertaining to nursing education programs.

These amendments would consolidate the separate andsometimes repetitive provisions pertaining to baccalaure-ate, associate degree and diploma programs into onecategory under the statutory phrase, ‘‘nursing educationprograms.’’ This consolidation simplifies the organizationof the regulations and makes clear that the Board’sapproval of any program, whether a baccalaureate, associ-ate degree or diploma, assures that the program providesthe minimal education necessary for licensure. Section21.61 will contain the organizational requirements for allthree types of programs. Section 21.71 will contain thefaculty and staff requirements for all three types ofprograms.

The proposed rulemaking makes clear that the nursingeducation program faculty will be on the same footing asother faculty in the institution (§ 21.61(b)), that theadministrative responsibility for the program must be inthe nurse administrator (§ 21.61(f)), that the nurse ad-ministrator and the faculty will be required to conductperiodic evaluations of the program (§ 21.61(g)), and thatthe faculty must formulate all policies that relate to theoperation of the nursing education program (§ 21.61(k)).

Under the heading ‘‘Student Services’’ the Board pro-poses to delete §§ 21.112, 21.113 and 21.115 (relating tostudent employment; student housing; and financial aid).The Board has had a minimal role in these areas; theseregulations are obsolete. The Board does not believe thatit can lawfully regulate student employment. Most di-ploma programs do not provide student housing. Housingfor baccalaureate and associate degree programs is estab-lished and regulated on an institution-wide basis andregulated by the colleges themselves. Financial aid pro-grams are regulated by other state and Federal agencies.

As a result, of this reorganization it will be possible todelete §§ 21.62, 21.63, 21.74—21.76 and 21.81—21.89.New §§ 21.90, 21.90a—21.90c and 21.131 will be added tocover curriculum, educational and program evaluationcriteria for all three types of programs. Additionally§§ 21.61, 21.71—21.73, 21.91, 21.101—21.103, 21.114,21.118, 21.121—21.122 and 21.124—21.125 will be re-vised either for editorial improvement or to reflect cur-rent terminology appropriate to all nursing educationprograms and current practice.

Other Changes

§§ 21.21—21.23. Applications for examination.

The conversion of NCLEX from a ‘‘pencil and paper’’examination to computer adaptive testing (CAT) on April1, 1994, requires changes to §§ 21.21 and 21.23 andallows the deletion of § 21.22. Prior to CAT, the examina-

tion was scheduled a few times a year. The current§ 21.21(a) (relating to application for examination) autho-rizes the applicant to submit an application during thelast term of the nursing program to be scheduled to takethe next examination, as long as the applicant completedthe program before taking the examination. Under CAT,the examination can be administered on 6 days of theweek on a date and at a location chosen by the applicant.It is no longer necessary for the Board to receive applica-tions before the applicant actually completes the programbecause under CAT, after the applicant completes thenursing education program, the applicant may submit theapplication and take the test when the applicant wishes.

Section 21.22 (relating to date and location of examina-tions) may be deleted because under CAT it is no longerrelevant. Section 21.23(a) is modified to remove thepotential implication that the examination must be hand-written.

§ 21.27. Temporary Practice Permits.

The current § 21.27 (relating to unlicensed candidate)is based on earlier law which provided for a graduate of anursing education program to practice as a graduatenurse for 1 year. The proposed amendments to § 21.27reflects the addition of section 4.1 of the law whichrequires that graduates obtain a temporary practicepermit during the 1-year period from completion of theperson’s nursing education program or from the date alicensee of another jurisdiction of the United States orCanada files an application for a license from the Com-monwealth.

§ 21.28. Licensure By Endorsement.

Section 7(a) of the law authorizes the Board to issue alicense without examination to an applicant who hascompleted a course of study equivalent to that required inthis Commonwealth and who is licensed by examinationin another jurisdiction of the United States or Canada.The proposed amendment to § 21.28 (relating to licensureby endorsement) brings the Board’s regulation pertainingto endorsement into harmony with the law. The proposedamendment identifies those who are licensed by examina-tion in Canada as among those who would be eligible forlicensure by endorsement. The proposed amendment alsorecognizes that the licensure examination in Canada isnot NCLEX. The current regulation in § 21.28(a) wouldauthorize licensure by endorsement to a Canadian edu-cated nurse only if the nurse passed NCLEX. NCLEX,however, is not employed as a licensing examination inCanada. The proposed amendment makes it clear thatthe Canadian examination will support licensure byendorsement for nurses who have been educated andobtained licensure in Canada.

§ 21.29. Expiration and renewal of license.

The recitation of the schedule for renewing licenses insubsection (a), published in 1985, and now in effect forover a decade, is eliminated in this proposed rulemakingand replaced with the simple statement that licensesshall be renewed biennially. Nurses have actual knowl-edge of the expiration and renewal date of their licensesbecause the expiration date is printed on their licensesand wallet cards. Renewal applications are sent to nurses2 months before their licenses expire.

§ 21.30. Registered nurses licensed outside of the UnitedStates, its territories or Canada.

Section 21.30(b) may be eliminated because it is obso-lete. This provision authorized a graduate nurse licensedin another country to participate in an approved



exchange-visitor program or in an accredited graduateprogram in nursing for 2 years without a license andcompensation. These programs have not been availablefor a decade. Moreover, the Board is not aware of anybarrier that would prevent a credentialed graduate nurselicensed in another country from either obtaininglicensure in this Commonwealth or participating in anursing education program.

The current § 21.30(c) requires an applicant from anondegree granting institution outside of the UnitedStates or Canada to obtain a certificate of preliminaryeducation through the Department of Education. Thisprovision may be deleted as obsolete. Since January 1,1995, the Department of Education ceased evaluatingforeign credentials for professional licensing boards. TheBoard itself under the authority of section 6 of the lawmakes the determination that an applicant has completedwork equal to a standard high school course.

§ 21.31. Compliance Reviews of Nursing Education Pro-grams.

The amendment to § 21.31 would replace ‘‘survey vis-its’’ of nursing education programs with ‘‘compliancereviews’’ and announce that a compliance review of everybasic nursing education program will be conducted atleast once every 3 years.

Section 6.1 of the law requires an approved nursingeducation program to submit an annual report to theBoard and that a site visit of the program be made atleast once every 3 years to assure that the programmaintains acceptable standards. Since 1995, the Boardhas been accepting the accreditation reviews of theNational League of Nursing Accreditation Association(NLN), which include site visits, in place of site visitsmade by Board personnel. The onsite evaluations con-ducted by the NLN are in accordance with standardsacceptable to the Board. The Board still conducts sitevisits every 3 years to nursing education programs whichdo not have NLN accreditation. Every nursing educationprogram continues to submit an annual report to theBoard and a compliance review every 3 years. A recog-nized National accreditation survey assures that an ap-proved nursing education program continues to meetBoard standards. This change is reflected in the amend-ments to § 21.31.

Section 6.2 of the law requires the Board to annuallyprepare and make available a list of all approved pro-grams. The new § 21.31(b) tracks this provision.

§ 21.33. Types of approval.

The Board grants initial approval to a new program,full approval to a program that maintains acceptablestandards and provisional approval to a program thatdoes not meet acceptable standards. Under the current§ 21.33(c), a program not meeting acceptable standardscould remain on provisional status for up to 2 years. Thisprovision also provides for removing a nursing educationprogram from the list of approved programs if it does notmeet acceptable standards. The amendment would allowfor more flexibility in both restricting and correctingprograms not meeting acceptable standards. The amend-ment would eliminate the 2-year maximum time periodand enable the Board to set a specific time for a programto comply with Board requirements. The amendment alsoprovides notice that a nursing education program down-graded to provisional status may be restricted fromestablishing new satellite campuses or offering alterna-tive scheduling plans.

§ 21.51. Establishment of a nursing education program.

Most of the proposed changes to this section attempt toclarify the process under which a new program obtainsapproval from the Board. Under both the current andproposed rulemaking, the program first submits a feasi-bility study (§ 21.51(b)(1)—(4) of the current regulations,§ 21.51(b)(1)—(2) of the proposed rulemaking). After thefeasibility study is approved by the Board, the programsubmits an educational plan (§ 21.51(b)(5) of the currentregulations, § 21.51(b)(3) of the proposed rulemaking).The distinction between the feasibility study and theeducational plan is clarified in the amendment (proposed§ 21.51(b)(3)).

Aspects of the current regulation which appeared sub-jective and not subject to enforcement, § 21.51(b) (relat-ing to compatibility of the philosophy of the parentinstitution)) will be deleted. Similarly, provisions whichappear to place restraints on the establishment of a newprogram based on the ‘‘need’’ for a program, assurances ofan ‘‘adequate supply and flow of interested candidates’’and impact on other nursing programs are also deleted.(See, § 21.51(b)(1)(i)—(iii).) The amendments require thefeasibility study for the establishment of a new nursingeducation program to demonstrate that the program hasan appropriate curriculum, the necessary hours of in-struction, adequate academic and clinical resources andreasonably committed financial resources.

After the Board approves a feasibility study, a newnursing education program will be required to submit areport at least 8 months before students are admitted.The report must include an outline of the administrativestructure of the new program, a job description for eachfaculty position, a statement of philosophy and objectives,admissions policies, a 4-year budget projection and infor-mation about various agencies which will provide super-vised clinical experience for the nursing students.

Under the current regulations the new education pro-gram must employ the faculty at least 1 semester beforethey start teaching. (See § 21.51(b)(6).) The proposedamendment deletes this costly requirement and implicitlyauthorizes a new program to employ the faculty when itbecomes necessary.

The current regulations treat the change of ownershipof a nursing education program as the establishment of anew program, requiring a new feasibility study. (See§ 21.51(c).) The proposed § 21.51(d) recognizes that achange in ownership may not result in any change to aprogram and, in such a situation, only requires theadministrator of the program to inform the Board of achange in ownership.

§ 21.72. Faculty policies.

A proposed amendment to § 21.72(f) will require fac-ulty members to maintain a record of participation incontinuing education, self-development and other activi-ties which promote the maintenance of expertise in theirteaching area. While many professionals maintain therecords as part of their resume, this proposed rulemakingmakes the recordkeeping mandatory.

§§ 21.90—21.90b. Curriculum, philosophy, purposes andobjectives; core curriculum requirements; and generaleducation criteria.

These provisions require types of nursing educationprograms to formulate a statement of philosophy andpurpose, to have a curriculum which addresses the areasof entry level nursing practice identified in the jobanalysis of the National Council of State Boards of



Nursing and to stress critical thinking. These provisionsreplace the current §§ 21.81, 21.82 and 21.84—21.89.§ 21.90c. Changes requiring Board approval.

This section would replace the current § 21.83. Theproposal makes clear that major changes to curriculumrequire Board approval and simplifies the procedure forobtaining Board approval.§ 21.91. Facility and resource requirements.

The proposal simplifies this provision, eliminating re-quirements that are subjective (such as, the ‘‘facilitiesshall be attractive’’) and not subject to the Board’senforcement jurisdiction or expertise (such as, ‘‘effectivelighting, adequate heating and ventilation’’), but ratherare under the jurisdiction of other agencies.§ 21.114. Counseling and guidance.

Current regulations encourage student counseling pro-grams to include personal, professional and academiccounseling and referral of students to appropriate counse-lors. Under the proposed amendments, these services willbe required.§ 21.122. Record maintenance.

The current regulations require a nursing educationprogram to keep student records ‘‘ad infinitum.’’ Theproposed amendment reduces this time to 50 years. Theproposed amendment will require that minutes of organi-zational and faculty meetings, annual reports and pro-gram evaluations be retained for 10 years and budgets for3 years. The current regulations do not specify how longthese records should be kept.

§ 21.124. Records to be filed with the Board.

The proposed § 21.124(b) is simplified because the onlyinformation that a nursing education program need pro-vide the Board consists of a list of those who completedthe program and are eligible for a temporary practicepermit. The student submits the application.

§ 21.131. Evaluation.

The proposed amendment requires each nursing educa-tion program to perform self-evaluations which examinethe program’s administration, faculty, curriculum, facil-ities and student policies.

E. Fiscal Impact and Paperwork Requirements.

Some of the provisions of this proposed rulemaking arelikely to have a fiscal impact. It is not possible toestimate the impact with any likelihood of precision. Theproposal in § 21.34 to downgrade the status of a nursingeducation program from full approval to provisional ap-proval based on the performance of graduates on thelicensure examination may increase costs for those pro-grams which may have to increase student supportservices to raise the passing rate of its graduates. Anincrease in the passing rate will have a beneficial fiscalimpact on students, possibly offsetting school costs.

The change proposed in § 21.31 from routine site visitsof nursing education programs performed by Board staffto compliance reviews based on NLN accreditation sitereviews every 3 years will result in savings to both theCommonwealth and to the nursing education programs.The Commonwealth benefits from saving staff time be-cause staff no longer have to visit sites. The programsbenefit by not having to prepare for two similar onsitesurveys.

The change proposed in § 21.51(b)(6), which no longerrequires a new nursing education program to hire the

faculty 1 semester before they start teaching, will resultin savings to the private sector and public institutions.

The change proposed in § 21.51(c), which will no longerconsider a change of ownership of a nursing educationprogram as the establishment of a new program, willresult in savings to the private sector. Under the pro-posal, the program will only have to inform the Boardand not prepare a new feasibility study.

F. Sunset Date

The Board continuously monitors its regulations. There-fore, no sunset date has been assigned.

G. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on January 25, 2001, the Board submit-ted a copy of this proposed rulemaking to the Indepen-dent Regulatory Review Commission (IRRC), the HouseCommittee on Professional Licensure and the SenateConsumer Protection and Professional Licensure Commit-tee. In addition to submitting the proposed rulemaking,the Board has provided the Committees and IRRC with acopy of a detailed Regulatory Analysis Form prepared bythe Board in compliance with Executive Order 1996-1,‘‘Regulatory Review and Promulgation.’’ A copy of thismaterial is available to the public upon request.

If IRRC has objections to any portion of the proposedamendments, it will notify the Board within 10 days ofthe close of the Committees’ review period. The notifica-tion shall specify the regulatory review criteria whichhave not been met by that portion. The RegulatoryReview Act specifies detailed procedures for review of theobjections prior to final publication of the regulations bythe Board, the General Assembly and the Governor.

H. Public Comment

Interested persons are invited to submit written com-ments, suggestions or objections regarding the proposedrulemaking to Martha Brown, Counsel, State Board ofNursing, P. O. Box 2649, Harrisburg, Pennsylvania17105-2649 within 60 days following publication for theproposed rulemaking in the Pennsylvania Bulletin. Pleasereference (16A-516) General Revisions when submittingcomments.

M. CHRISTINE ALICHNIE, PhD, RN,Chairperson

Fiscal Note: 16A-516. No fiscal impact; (8) recom-mends adoption.

Annex A

TITLE 49. PROFESSIONAL AND VOCATIONALSTANDARDS

PART I. DEPARTMENT OF STATE

Subpart A. PROFESSIONAL AND OCCUPATIONALAFFAIRS

CHAPTER 21. STATE BOARD OF NURSING

GENERAL PROVISIONS

§ 21.1 Definitions.

The following words and terms, when used in thissubchapter, have the following meanings, unless thecontext clearly indicates otherwise:

Accredited program—A nursing education pro-gram which has been approved by an accreditingagency in nursing recognized by the United StatesDepartment of Education.



* * * * *Agency data form—A form provided by the Board

which is used to collect demographic and othernecessary information relevant to the clinical expe-rience of nursing students at a cooperating clinicalagency.

* * * * *Clinical preceptor—A professional nurse associ-

ated with a cooperating clinical agency who guidesa nursing student in designated clinical learningactivities after the student has received appropri-ate didactic and clinical instruction.

Compliance review—A process of self-evaluationby the nursing education program pursuant toguidelines of the Board, which may also include asite visit by professional Board staff for the pur-pose of determining compliance with Board regula-tions.

Cooperating clinical agency—A facility which en-ters into a written agreement with a nursing educa-tion program or controlling institution to providenursing students with supervised clinical experi-ence.

* * * * *NCSBN—National Council of State Boards of

Nursing.* * * * *

Satellite or branch campus—A dependent part ofa nursing education program established at a loca-tion other than that of the originally approved site.The satellite or branch campus offers a majority ofthe courses of the originally approved program.

* * * * *§ 21.2 Scope.

(a) The Board administers the act by providing rulesand regulations on standards for nursing [ schools andthe conduct of the ] education programs.

(b) The Board provides for licensure of graduate nursesfrom approved [ schools ] nursing education pro-grams by examination[ , ] . The Board also providesfor licensure of nurses by endorsement and by renewalof licenses.

(c) The Board has the [ right ] authority to establishrules and regulations for the practice of nursing.

(d) The Board may suspend or revoke licenses for causeas well as impose civil penalties.

(e) The Board will approve [ basic ] nursing educa-tion programs conducted in hospitals, colleges[ , ] anduniversities[ ; approve foreign exchange visitor pro-grams; and promulgate ] and compile a list of ap-proved programs.

(f) The Board will [ approve applications ] providefor inactive status under section 11(b) of the act (63P. S. § 221).

* * * * *

§ 21.3 Purposes of the Board.

[ The Board will insure safe nursing services forthe citizens of this Commonwealth. ] The purposeof the Board is to assure the public health, safety

and welfare of the residents of this Commonwealth.Embodied in this purpose are the following responsibili-ties:

(1) To establish safe minimum standards for thepreparation of registered and practical nurses in ap-proved [ educational ] nursing education programs.

(2) To assure safe standards of nursing practicethrough examination and licensure of graduates of ap-proved [ educational ] nursing education programs,through endorsement of registered and practical nursesfrom other jurisdictions, and through the regulation ofthe practice of nursing in this Commonwealth.

LICENSES

§ 21.21. Application for examination.

(a) An application for the licensing examination[ without transcript ] together with the requiredfee in the form of a check or money order may besubmitted [ during the last term ] to the Board officeupon completion of the nursing education program.[ The applicant will be scheduled for the subse-quent examination. ]

* * * * *

(c) A copy of the transcript for out-of-State candi-dates validating program completion shall be filed [ atleast 2 weeks prior to the testing dates in the Boardoffice ] in the Board Office.

[ (d) The Board will not proctor an applicant foranother state board. The Board will not permit anapplicant for Commonwealth licensure to be proc-tored by another state board. ]§ 21.22. [ Date and location of examinations ] (Re-served).

[ (a) The Board conducts licensing examinationsat least twice a year.

(b) A list of examination dates and locations arepublished annually. ]§ 21.23. Qualifications of applicant for examination.

(a) An applicant shall pass [ a written ] an examina-tion as provided by the Board.

* * * * *

§ 21.24. Examination score requirements.

The candidate for licensure shall achieve a [ mini-mum ] passing score as mandated by the Board.

§ 21.25. Reexamination.

(a) [ A candidate shall submit the required fee inthe form of a check for reexamination. ] An applica-tion for reexamination may be submitted togetherwith the required fee in the form of a check ormoney order to the Board office.

(b) [ (Reserved).

(c) ]* * * * *

[ (d) A request to retake an examination for thepurpose of elevating a passing score will not begranted. ]



§ 21.26. [ Failing rate of a school in examination ](Reserved).

[ If 40% or more of the first-time examinees of aschool of nursing writing the examination in thisCommonwealth fail the examination, the school willbe placed on provisional approval status. TheBoard may consider additional documented statis-tics concerning the examination scores received inother states by Commonwealth graduates in deter-mining the status of the school. ]§ 21.27. [ Unlicensed candidate ] Candidates for

licensure; temporary practice permits.

[ The ] A candidate for licensure as a professionalnurse who has completed a nursing education pro-gram may practice as a graduate nurse [ until thelicensing examination is passed subject to the fol-lowing: ] upon the issuance of a temporary practicepermit under section 4.1 of the act (63 P. S. § 214.1).

(1) [ Unless licensed, the candidate may be em-ployed as a graduate nurse for 1 year only from thedate of completion of a nursing program except inthe case where special permission is granted by theBoard due to extenuating circumstances. In such acase the candidate shall present validating docu-mentation. ] A candidate for licensure as a profes-sional nurse shall apply to the Board for admissionto the examination and may apply for a temporarypractice permit.

* * * * *

§ 21.28. Licensure by endorsement.

(a) [ A registered nurse who has graduated froman approved nursing program in another state orterritory of the United States or Canada and who islicensed by writing the National Council LicensureExamination in another jurisdiction of the UnitedStates or Canada may be granted licensure in thisCommonwealth by endorsement of the original li-censing board. ] A registered nurse who has gradu-ated from an approved nursing education programin another state or jurisdiction of the United Statesor the Dominion of Canada and obtained the li-cense by passing the National Council of StateBoards of Nursing Licensure Examination or theexamination required for licensure in the Dominionof Canada may be granted licensure in this Com-monwealth by endorsement of the license issued bythe original jurisdiction.

* * * * *

§ 21.29. Expiration and renewal of license.

(a) [ Registered nurses whose licenses expire onOctober 31, 1985 will thereafter be subject to thefollowing license renewal schedule:

(1) Licenses of registered nurses whose licensenumbers end in the numbers 01 through 25 willexpire on April 30, 1986 and, following renewal, willthereafter expire on April 30 in the even-numberedyears. The license renewal fee for licenses thatexpire on April 30, 1986 will be 25% of the renewalfee for the usual 2-year renewal period. The re-newal fee for licenses that expire on an anniversaryof April 30, 1986 will be the renewal fee for theusual 2-year renewal period.

(2) Licenses of registered nurses whose licensenumbers end in the numbers 26 through 50 willexpire on October 31, 1986 and, following renewal,will thereafter expire on October 31 in the even-numbered years. The license renewal fee for li-censes that expire on October 31, 1986 will be 50%of the renewal fee for the usual 2-year renewalperiod. The renewal fee for licenses that expire onan anniversary of October 31, 1986 will be therenewal fee for the usual 2-year renewal period.

(3) Licenses of registered nurses whose licensenumbers end in the numbers 51 through 75 willexpire on April 30, 1987 and, following renewal, willthereafter expire on April 30 in the odd-numberedyears. The license renewal fee for licenses thatexpire on April 30, 1987 will be 75% of the renewalfee for the usual 2-year renewal period. The re-newal fee for licenses that expire on an anniversaryof April 30, 1987 will be the renewal fee for theusual 2-year renewal period.

(4) Licenses of registered nurses whose licensenumbers end in the numbers 76 through 00 willexpire on October 31, 1987 and, following renewal,will thereafter expire on October 31 in the odd-numbered years. The license renewal fee for li-censes that expire on October 31, 1987 will be therenewal fee for the ususal 2-year renewal period.The renewal fee for licenses that expire on ananniversary of October 31, 1987 will be the renewalfee for the usual 2-year period.

(5) Registered nurses who obtain initial licensureon or after November 1, 1985 and registered nurseswho reactivate their licenses on or after November1, 1985 will be assigned to one of the followinglicense expiration dates:

(i) April 30 in the even-numbered years.

(ii) October 31 in the even-numbered years.

(iii) April 30 in the odd-numbered years.

(iv) October 31 in the odd-numbered years. ]Licenses of registered nurses shall be renewed

biennially.

* * * * *

§ 21.30. Registered nurses licensed outside of theUnited States, its territories or Canada.

[ (a) ] A nurse educated and licensed in another coun-try other than Canada may not be employed as a nurse inthis Commonwealth until the requirements for Common-wealth licensure have been met.

[ (b) A graduate nurse licensed in another coun-try may participate in an approved exchange-visitor program or in an accreditation graduateprogram in nursing for a period of 2 years withoutlicensure and compensation in this Commonwealth.

(c) An applicant coming from a country outsideof the United States or Canada who is from anondegree granting institution shall obtain a Cer-tificate of Preliminary Education through the De-partment of Education. ]

APPROVAL OF [ SCHOOLS OF ] NURSINGEDUCATION PROGRAMS

§ 21.31. [ Surveys ] Compliance reviews; list of ap-proved schools.



(a) [ Survey visits are made ] A compliance re-view of every basic nursing [ programs conducted inhospitals, colleges or universities of exchange visi-tor programs and of cooperating agencies. In thissection, ‘‘cooperating agency’’ means an educationalinstitution or health care delivery system whichcooperates with the controlling institution. Thesurvey ] education program approved in this Com-monwealth shall be conducted at least once every 3years. A report is presented to the Board and a writtenreport of recommendations or requirements, or both, issent to the [ school, college or university ] nursingeducation program. A site compliance visit may bemade at the discretion of the Board and will bemade at least once every 3 years to a nursingeducation program which is not accredited.

(b) [ Classified lists of approved schools of nurs-ing and of exchange visitor programs are compiledand published annually and are made available fordistribution.

(c) A list of approved cooperating agencies thatprovide educational programs for schools of nurs-ing is compiled and published annually and is madeavailable for distribution. ]

The Board will compile and publish annually alist of approved nursing education programs lo-cated in this Commonwealth.

§ 21.32. Objectives of the approval process.

[ Nursing schools in this Commonwealth are ap-proved to effectuate the following ] The purpose ofthe Board’s approval process for nursing educationprograms is to make certain that each approvednursing program meets the following objectives:

(1) Safeguard the [ preparation ] quality of[ nurses ] nursing education programs and assuresafe minimum standards of nursing practice in thisCommonwealth.

(2) Stimulate and maintain continued growth and im-provement of professional nursing education in thisCommonwealth.

(3) [ Guide prospective students in the selectionof approved schools which offer adequate resourcesfor sound basic nursing education.

(4) ] Assure the graduates of professional nursingeducation programs of eligibility for admission to exami-nation for licensure.

[ (5) ](4) Assist graduates of [ schools of ] nursingeducation programs in this Commonwealth to qualifyfor licensure by endorsement in other jurisdictions.

§ 21.33. Types of approval.

The Board will grant initial, provisional or fullapproval status to a nursing education programcontingent upon compliance with this chapter, andmay require progress reports or other informationdeemed necessary for the evaluation of the pro-gram.

[ (a) ] (1) Initial. The Board may grant initial approvalto a new [ schools ] nursing education program, withevidence that acceptable standards are being met, for aperiod of time necessary to evaluate the results of thelicensing examination taken by the first graduates.

Board action to grant initial approval authorizes anursing education program to recruit students.

[ (b) ] (2) Full. The Board will place on full approval[ those schools ] a nursing education program which[ attain ] attains and [ maintain the ] maintains ac-ceptable standards and [ adhere ] adheres to the poli-cies and regulations of the Board [ considered essentialfor a sound program of nursing education. ]

[ (c) ] (3) Provisional. The Board may place on provi-sional approval a [ school ] nursing education pro-gram not meeting [ the ] acceptable standards. [ A pe-riod of 2 years will be the maximum time allowedfor the correction of deficiencies resulting in provi-sional approval. ] If the standards are not met within[ this designated time ] the time designated by theBoard, the [ school ] program will be removed from theapproved list as provided in § 21.34 (relating toremoval from approved list; percentage failure ratein examination). A nursing education programplaced on provisional status may be restricted fromestablishing new satellite campuses or offering al-ternative scheduling plans until the program re-sumes full approval status.§ 21.34. Removal from approved list; percentage fail-ure rate in examination.

(a) Notice of intent. The Board will give [ sufficientnotification of intent of removal from the approvedlist and provide an opportunity for school officialsto show cause as to why approval should not bewithdrawn ] 90 days notice of its intent to remove anursing education program from the approved listand will provide an opportunity for the program toshow cause why approval should not be withdrawn.(b) Removal based on failure rate.

(1) Until (Editor’s Note: The blank re-fers to a date 1 year after the effective date of adoption ofthis proposal.), a nursing education program will beplaced on provisional approval status if, in oneexamination year, 40% or more of its graduatestaking the licensure examination for the first timefail the examination.

(2) Beginning (Editor ’s Note: Theblank refers to a date 1 year after the effective date ofadoption of this proposal.), a nursing education pro-gram will be placed on provisional approval statusif, in one examination year, 20% or more of itsgraduates taking the licensure examination for thefirst time fail the examination.

(3) An examination year is the period beginningOctober 1 of one year through September 30 of thefollowing year.

(4) The Board may consider additional docu-mented statistics concerning the examinationscores received in other states by Commonwealthgraduates in determining the approval status of theprogram.

DISCONTINUANCE OF A [ SCHOOL OF ] NURSINGEDUCATION PROGRAM

§ 21.41. Notification: completion of program;records.

(a) Written notification of intent to discontinue a nurs-ing education program [ of nursing ] shall be submit-



ted to the Board within a reasonable time, but not lessthan 6 months prior to discontinuance.

(b) When a class is not admitted in a given year, thenursing education program shall close unless approvalhas been granted by the Board based on the justificationfor continuation submitted to the Board.

(c) If a nursing education program is discontinued, itis the responsibility of the controlling institution toprovide for the completion of the program for studentscurrently enrolled, either by placing the students in anapproved program or continuing the enrolled classes untilcompletion. If the program is continued until completion,approved and qualified instruction shall be assured. Acontrolling institution is a university, college or hospitalwhich conducts programs of education in nursing.

(d) The controlling institution has the legal responsibil-ity to make provision for permanent retention of studentand graduate records in conformity [ of ] with § 21.125(relating to custody of records).

[ APPROVED PROGRAMS OF NURSING ]APPROVAL PROCESS: NURSING EDUCATION

PROGRAMS§ 21.51. Establishment.

(a) A nursing education program shall be developedunder the authority of a regionally accredited universityor college, or hospital [ approved ] accredited by theJoint Commission on Accreditation of [ Hospitals, ]Health Care Organizations, and shall be adminis-tered under the leadership of a registered nurse whomeets the requirements of § 21.71(b)(2) (relating tofaculty and staff requirements).

(b) A university or college or hospital may conduct[ programs of nursing ] a nursing education pro-gram if there [ is an ] are adequate faculty and [ ad-equate ] clinical facilities [ and the philosophy of theparent institution encompasses dual programs ofeducation. A hospital or educational institution ]. Auniversity or college or hospital desiring to establisha [ program of ] nursing [ is required to ] educationprogram shall complete the following steps to re-ceive initial approval:

(1) Complete and submit to the Board for approvalwith the required fee under § 21.5(a) (relating tofees) a feasibility study which shall include:

(i) [ Sufficient statistical data to support the needfor a program within the community and to assureavailability of an adequate supply and flow ofinterested candidates. ] A curriculum sequencewhich complies with § 21.90.a (relating to corecurriculum requirements) and identifies an ad-equate number of theoretical and clinical contacthours of instruction.

(ii) Identification of available academic and clinicalpractice resources for program implementation based onthe projected enrollment and faculty. [ In viewing theclinical resources, the study shall speak to othernursing programs that share the teaching facilitiesidentified in the study. ]

* * * * *

(iv) [ Actual cost of the ] A 4-year budgetary pro-jection of program costs, including [ faculty needed ]salaries, clinical teaching resources, educational sup-

plies, office supplies, and [ the like and sufficient ]evidence of [ stable ] financial support.

(v) A program overview, including the anticipatednumber of students to be enrolled, projectedfaculty-student ratio for each proposed clinicalcourse and anticipated contract requirements forcooperating clinical agencies.

(vi) A statement of the controlling institution’sphilosophy or mission statement.

(vii) A job description for a full-time programdirector who meets the qualifications of § 21.71.

(2) [ Submit the feasibility study to the regionalhealth planning agency if that agency is willing toparticipate in the approval process.

(3) Submit 15 copies of the feasibility study andthe written decision of the health planning agency,if obtained, to the Board for approval.

(4) ] Employ the nurse administrator of the educa-tional unit at least 12 months prior to the intendedadmission date of students. Board approval of the nurseadministrator’s credentials must be obtained prior to theappointment.

(3) Complete and submit to the Board, upon ap-proval of the feasibility study, a report document-ing plans for the proposed nursing education pro-gram at least 8 months prior to the intendedadmission date of students.

[ (5) Submit 15 copies of the tentative plannededucation program to the Board at least 8 monthsprior to the intended admission date of students.

(6) Employ the teaching faculty at least 1 semes-ter before the initiation of their teaching responsi-bilities.

(c) Change of ownership shall be processed as theestablishment of a new program.

(d) ] (4) The report on the planned [ educational ]nursing education program shall include:

[ (1) ] (i) * * *

[ (2) ] (ii) Administrative structure and functions ofthe nursing [ school ] education program.

[ (3) Educational preparation and nursing experi-ence of faculty members employed. ]

(iii) A job description for each nursing facultyposition.

[ (4) ] (iv) * * *

[ (5) ] (v) Proposed curriculum design [ based onsound educational concepts and ], including detailedcourse descriptions and identification of clinical practice.

[ (6) ] (vi) * * *

[ (7) ] (vii) * * *

[ (8) ] (viii) Copy of proposed budget projected for aminimum of [ 5 ] 4 years.

[ (9) Copies of ] (ix) A completed Agency DataForm for each cooperating clinical agency to beused in the program and a sample written [ agree-



ments with cooperating agencies and facilities to beused in the program ] agreement.

(x) A general description of facilities and re-sources under § 21.91 (relating to facility and re-source requirements).

[ (e) ](c) Following the review of the planned nurs-ing education program and before final Board action[ is taken ] to grant [ permission to recruit stu-dents, ] initial approval in accordance with § 21.33(relating to types of approval), an initial facilitysurvey will be made by a nursing education advisor of theBoard.

(d) A change in the ownership of a nursing edu-cation program which does not result in changes tothe program’s administrative structure, budget,policies or curriculum does not require the submis-sion of a feasibility study to the Board for reviewand approval. The controlling institution shall ad-vise the Board of any change in the name of thenursing education program. The administrator ofthe program shall notify the Board of any owner-ship changes.

ORGANIZATION AND ADMINISTRATION OFNURSING EDUCATION PROGRAMS

§ 21.61. [ Baccalaureate and associate degree pro-grams: organizational ] Organizational require-ments.

* * * * *

(b) [ Relationships with central administrative of-ficers, interrelationships among other disciplinesand services of the institution and ] Nursing educa-tion program faculty shall be afforded the sameopportunities for representation on institutional coun-cils and committees [ for faculty of the educationalunit in nursing shall be consistent with the interac-tion and responsibilities accorded to ] as other fac-ulty members of the institution.

(c) Adequate funds shall be [ allocated and prop-erly ] budgeted for the [ sound and ] effective operationof the program.

* * * * *

(f) The authority and the administrative responsi-bility for the nursing education program shall bedelegated by the governing body to the nurse ad-ministrator.

(g) The nurse administrator and faculty of thenursing education program shall conduct plannedperiodic evaluations of the program organizationand program administration.

(h) The resources, facilities and services of the control-ling institution shall be available to and used by the[ educational unit in nursing ] nursing educationprogram and shall be adequate to meet the needs of thefaculty and the students.

(i) Cooperating clinical agencies shall be subject tothe following provisions:

(1) [ Agreements to utilize field agencies outsidethe structural control of the controlling institutionshall be initiated by the educational unit in nurs-ing.

(2) ] Cooperating clinical agencies or services selectedby the [ school ] nursing education program shall belicensed or approved by the appropriate [ State andNational ] regulatory bodies, if [ such exist ] oneexists.

[ (3) ] (2) The agreement between the [ educationalunit in nursing ] nursing education program andthe cooperating clinical agency shall be consistent withthe standards of the nursing education program,developed jointly, recorded in writing, reviewed periodi-cally by both parties, revised as occasion requires andconsistently adhered to by those responsible for imple-menting the provisions.

[ (4) ] (3) * * *

[ (5) ] (4) The [ field ] agencies selected for use shallhave the quality and variety of resources for plannedlearning experiences needed for the [ program of theeducational unit in nursing ] nursing educationprogram, and shall retain ultimate responsibilityfor client care and services.

[ (6) ] (5) Approval by the Board shall be obtainedbefore the [ educational unit in ] nursing educationprogram may utilize a new [ field ] cooperating clin-ical agency [ for learning experiences. An AgencyData form, provided by the Board, shall be submit-ted for each new field agency used for the firsttime.

(h) The faculty of the educational unit in nursingshall conduct planned periodic evaluation of itsorganization and administration. ]

(j) The organizational plan for the nursing educa-tion program shall describe relationships with thegoverning body, individuals and cooperating clin-ical agencies responsible for and participating inthe program operation.

(k) The faculty shall formulate all policies thatrelate to the operation of the nursing educationprogram.

(Editor’s Note: As part of this proposed rulemaking, theBoard is proposing to delete §§ 21.62 and 21.63, whichcurrently appear at 49 Pa. Code pages 21-24—21-25,serial pages (209962) and (209963).)§ 21.62. (Reserved).§ 21.63. (Reserved).

ADMINISTRATIVE AND INSTRUCTIONALPERSONNEL

§ 21.71. Faculty and staff requirements [ for baccalau-reate and associate degree programs ].

(a) [ The minimum ] Minimum faculty and staffrequirements [ for each program ] are as follows:

(1) Full-time [ director of the program ] nurse ad-ministrator.

* * * * *(4) A minimum of one full-time secretary and addi-

tional [ secretarial assistance ] staff support person-nel as needed.

(5) A full-time librarian with at least a bachelor’sdegree in library science if the nursing educationprogram is not within an institution of highereducation.



(b) Faculty and nurse administrator qualificationsare as follows:

(1) Board approval of the nurse administrator’scredentials shall be obtained prior to appointment.

(2) The [ director ] nurse administrator of a bacca-laureate degree nursing education program, employedfor the first time [ after January 1, 1986, ] on or after

(Editor’s Note: The blank refers to adate 1 year after the effective date of adoption ofthis proposal) shall hold [ a master’s degree in nurs-ing and ] an earned doctoral degree [ or a specific planfor completing doctoral preparation ] with a nurs-ing major at the master’s or doctoral level. The[ director ] nurse administrator shall have experiencein the areas of administration, nursing practice[ , ] andnursing education within an institution of higher educa-tion [ and educational administration. Candidateswho have made outstanding contributions to nurs-ing education shall be considered on an individualbasis ].

[ (2) ] (3) The [ director ] nurse administrator ofan associate degree or diploma program shall hold theminimum of a master’s degree in nursing. The [ direc-tor ] nurse administrator shall have experience in theareas of nursing practice, nursing education and [ educa-tional ] administration.

[ (3) ] (4) The length of appointment of a temporary[ and ] or acting [ heads ] nurse administrator of anursing education [ programs ] program may not ex-ceed 1 year.

[ (4) ] (5) [ Nurse ] The nurse administrator andevery nurse faculty [ members ] member shall becurrently licensed as professional nurses in this Com-monwealth.

[ (5) Faculty members ] (6) Every faculty membershall have a master’s [ degrees ] degree in nursing orearned doctoral degree in nursing, with graduatepreparation and clinical experience relevant to theirclinical areas of responsibility[ ; ] and [ they ] shall giveevidence of maintaining expertise in [ their ] clinical orfunctional areas of specialization.

[ (6) ] (7) Faculty members [ with less than ] with-out a master’s degree in nursing may be employed ifqualified candidates are not available; they shall functionfor a maximum of 5 years as assistants under the directguidance of a faculty member fully qualified in thespecific teaching area. These assistants shall have [ aminimum of ] a baccalaureate degree in nursing, andthey shall give evidence of actively pursuing a master’sdegree in nursing or an earned doctoral degree innursing. [ The lack of availability of ] In applyingto employ a faculty member without a master’sdegree in nursing, the administrator of a nursingeducation program shall document efforts to re-cruit qualified faculty [ shall be documented by,among other things ] by submitting to the Boardcopies of advertisements placed in appropriate profes-sional journals and newspapers, copies of recruitmentletters to appropriate institutions of higher learning, andrecords of job interviews.

[ (7) ] (8) Faculty employed to teach nutrition [ must ]shall be registered dietitians (R.D.) and eligible formembership in the American Dietetic Association.

(9) A clinical preceptor may be utilized to guideselected clinical activities. Faculty retain responsi-bility for planning and evaluating student learningexperiences and shall have input into selection ofpreceptors.§ 21.72. Faculty policies.

* * * * *(d) Teaching hours and additional duties of nurse

faculty shall be consistent with the policies of the control-ling institution. [ Seminar, discussion and laboratorycontact hours shall be equated. Where additionalexpectations in terms of research, counseling, com-mittee work or other institutional responsibilitiesare present, the teaching load shall be decreasedaccordingly. ]

(e) The nurse administrator and nursing faculty shallbe afforded the time and opportunity to engage inleadership activities within their profession commensu-rate with [ the responsibilities inherent in the roleof institutions of higher education in our society ]their responsibilities.

(f) There shall be a planned and active faculty develop-ment program designed to meet the [ perceived ] needsof the faculty. Faculty members shall maintain arecord of participation in continuing education,professional self-development and other activitieswhich promote the maintenance of expertise intheir respective areas of teaching.§ 21.73. Internal nursing faculty organizations.

(a) There shall be a nursing faculty organization.[ appropriate to its size and in harmony with othereducational units within the controlling institution.

(b) ] Policies and rules of procedure governing thefaculty organization shall be in written form and periodi-cally reviewed by the faculty.

[ (c) Members ] (b) The members of the facultyshall participate in the activities of the faculty organiza-tion [ in ways consistent with their rank and re-sponsibilities ].

[ (d) ] (c) * * *

[ (e) ] (d) Committee reports and faculty actions shallbe recorded, filed [ systematically ] and kept availablefor reference.

(Editor’s Note: As part of this proposed rulemaking, theBoard is proposing to delete §§ 21.74—21.76 and§§ 21.81—21.89, which currently appear at 49 Pa. Codepages 21-28—21-36, serial pages (209966)—(209974).)§ 21.74. (Reserved).§ 21.75. (Reserved).§ 21.76. (Reserved).§§ 21.81—21.89. (Reserved).

CURRICULUM§ 21.90. Curriculum philosophy, purposes and ob-

jectives.(a) A clear statement of philosophy and purposes

of the nursing education program, consistent withthe philosophy and purposes of the controlling



institution, shall be formulated, adopted and re-viewed or revised at stated time intervals by fac-ulty.

(b) The philosophy and purposes of the nursingeducation program shall be consistent with cur-rently accepted educational and nursing standards.

(c) The program objectives shall identify out-comes that the students are expected to achieve.§ 21.90a. Core curriculum requirements.

(a) The curriculum shall:(1) Address representative areas of nursing prac-

tice identified as entry-level by the current jobanalysis conducted by the NCSBN.

(2) Be developed, implemented and evaluated bythe faculty and shall include the knowledge, profes-sional role development, skills and abilities neces-sary for the specific levels of student achievement.

(3) Include content from the areas of anatomyand physiology, chemistry, microbiology, physics,nutrition and pharmacology which may be inte-grated, combined or presented as separate courses.When the basic sciences are presented as distinctacademic courses, students shall participate in re-lated laboratory testing of scientific principles.

(4) Include courses in the humanities and socialand behavioral sciences.

(b) Content related to nursing history, trends andprofessional responsibilities may be integrated,combined or taught as separate courses.§ 21.90b. General education criteria.

(a) There shall be an educational rationale forthe selection and distribution of courses and forthe selection of theoretical and clinical laboratorycontent in nursing courses.

(b) The rationale for the allocation of credit fornursing courses shall be based on educational prin-ciples.

(c) Learning experiences and methods that pro-mote critical thinking and synthesis of learningshall be utilized. Consideration shall be given tostudents’ individual differences.

(d) General education courses for nursing stu-dents shall be taught according to the course de-scription in the catalog of the college or university.

(e) Nursing courses and curriculum shall be or-ganized to continue the development of knowledge,skills and behaviors needed in all aspects of basicprofessional nursing.

(f) The ratio of students to faculty shall assureoptimal learning opportunities in all classroom andclinical laboratory sessions and shall be consistentwith the objectives of the clinical nursing courses.

(g) The curriculum for nursing education pro-grams shall give evidence of providing learningexperiences which will prepare graduates for basicprofessional nursing practice.§ 21.90c. Changes requiring Board approval.

(a) Prior Board approval is required for the fol-lowing curriculum changes:

(1) Alteration of the program purposes and objec-tives; changes in didactic or clinical hours, credits,units; changes in course placement; addition or

deletion of courses; changes in the length of acourse or program; and deletion of content areas.

(2) Changes in nursing education program op-tions such as accelerated second degree programs,weekend and evening full time programs.

(b) When a curriculum change is contemplated, aplan which reflects the present program, the pro-posed change and the rationale for the change shallbe presented to the Board. The plan should alsoreflect associated changes in clinical practice rota-tions.

(c) Curriculum changes which require Board ac-tion shall be filed with the Board at least 30 daysprior to the Board meeting at which considerationof the proposed change is requested.

FACILITIES FOR ADMINISTRATION ANDTEACHING

§ 21.91. Facility and resource requirements.* * * * *

(b) Facilities and resources of the [ school ] nursingeducation program shall include the following:

(1) [ Offices and administrative and instructionalpersonnel provided with appropriate and adequatespace and equipment essential for attainment ofthe objectives of the program. ] Classrooms, confer-ence rooms, science laboratories, nursing resourcelaboratories, clinical facilities and offices sufficientto meet the needs of students, faculty, administra-tors and staff.

(2) [ Sufficient number and size of accessibleclassrooms, conference rooms and laboratories tomeet the needs of the program, as follows:

(i) Such facilities shall be attractive, with effec-tive lighting, adequate heating and ventilation.

(ii) The educational facilities shall be providedwith ] Adequate equipment and supplies to meet the[ teaching and ] learning requirements of [ both ] stu-dents [ and teachers ].

[ (iii) The selection and maintenance of the kindand quality of facilities needed in the individualnursing program shall be determined by the ](3) Adequate material resources to implement cur-riculum design and teaching [ methods utilized by ]methodology of the faculty.

[ (3) ] (4) Adequate storage space for general suppliesand equipment[ . Policies shall be in existence forthe ] and procedures to ensure the periodic replace-ment of equipment, furnishings and supplies.

[ (4) ] (5) Library facilities and resources[ , which areplanned and maintained to meet the specific needsof the student and the faculty, ] as follows:

* * * * *(iii) Library holdings shall include sufficient current

reference titles, periodicals and other educational materi-als to achieve the objectives of the curriculum.

STUDENTS§ 21.101. [ Selection and admission ] Admission and

graduation standards.(a) Policies and procedures related to [ the selection

and ] admission and graduation of students are the



responsibility of each nursing education program.[ the individual school. Consideration shall begiven to scholastic aptitude, academic achievement,personal qualities and physical and emotionalhealth necessary to fulfill the objectives of theprogram.

(b) ] Students admitted to baccalaureate and associatedegree programs shall meet the requirements for admis-sion to the university or college and additional require-ments that may be established for the nursing major.

[ (c) ] (b) * * *

§ 21.102. Admission of classes.

[ The Board recommends that only one class beadmitted per year. ] The number of [ candidates ]admissions for each class shall be determined by theeducational and clinical resources which the [ school ]nursing education program can provide.§ 21.103. Transfer of students or advanced stand-

ing.

The [ school ] nursing education program shallhave a written policy consistent with its philosophy andobjectives concerning criteria for granting advancedstanding or accepting transfer students. [ The policiesof the baccalaureate and associate degree programsshall be consistent with those of the controllinginstitution. Diploma programs shall assume respon-sibility for formulating their own policies and sub-mitting them for Board approval. The Board re-quires that transfer students complete, as aminimum, the senior or final level in the schoolgranting the diploma or degree. ]

STUDENT SERVICES(Editors Note: As part of this proposed rulemaking, the

Board is proposing to delete §§ 21.112 and 21.113, thatcurrently appear at 49 Pa. Code pages 21-38 and 21-39,serial pages (214432) and (214433).)§ 21.112. (Reserved).§ 21.113. (Reserved).§ 21.114. Counseling and guidance.

(a) The scope of the counseling program shall be clearlydefined [ in accordance with the objectives of theprogram. ] and [ (b) A program should ] shall includepersonal, professional and academic counseling, initiatedby either faculty or students.

[ (c) ] (b) Adequate provisions [ should ] shall bemade for referral of students to appropriate counselorswhen [ assistance is ] needed [ for solving problemsof students ].

§ 21.115. [ Financial aid ] (Reserved).

[ (a) Policies and procedures relating to scholar-ships, loans and grants shall be developed withinthe framework of the philosophy of the controllinginstitution and defined in writing.

(b) It is recommended that each school maintaina list of available resources for financial assistanceand that applicants and students be informed ofthese resources.

(c) Students accepting financial aid should bemade aware of the provisions and responsibilitiesincurred with such assistance. ]

STUDENTS LICENSED IN OTHERJURISDICTIONS

§ 21.118. Post-basic nursing education programs.

(a) A registered nurse currently licensed in anotherjurisdiction of the United States or Canada who hasgraduated from an approved program of nursing and whois enrolled in an accredited graduate nursing program, abachelor of science nursing program, or a refresher coursein nursing may practice nursing in a clinical setting asrequired by the educational program of studies withoutobtaining a [ Pennsylvania ] license in this Common-wealth so long as the student does not receive compensa-tion except in the form of stipends, scholarships and otherawards related to the [ training ] nursing educationprogram.

(b) A student who meets the description in subsection(a) and who also desires to practice as a registered nursewhile participating in the [ training ] nursing educa-tion program shall submit an application for licensure byendorsement and obtain a temporary practice permit asprovided by § 21.28 (relating to licensure by endorse-ment).

RECORDS

§ 21.121. Program records.

* * * * *

(b) Records shall be kept in locked [ fireproof ] fileswhich assure their permanent safekeeping.

§ 21.122. Record maintenance.

[ Each nursing faculty shall select record formsspecifically for the nursing program and ] Recordsto be maintained shall include the following:

(1) Student records, including [ the following:

(i) Permanent record, including both clinical andtheoretical experience and achievement, shall bekept ad infinitum. ] complete academic transcriptsand a summary of clinical performance evaluations.These records shall be retained for 50 years.

[ (ii) ] (2) Health records[ shall be kept ], to bemaintained throughout the time of attendance andfor 5 years following completion of the program.

[ (2) ] (3) Faculty records[ , including the fol-lowing ]which include:

(i) ‘‘Display portion’’ or duplicate of all current[ nursing ] Pennsylvania RN licenses.

(ii) Records of preparation and experience, includingofficial college transcripts.

(iii) Current record of continuing education activitiesand professional leadership activities.

[ (3) ] (4) Administrative records[ , including the fol-lowing ] which include:

(i) [ Affiliation agreements with cooperatingagencies ] Cooperating clinical agency agreementsand letters of agreement regarding clinical experi-ence and student observations.



(ii) Minutes of organizational and faculty meetings,to be retained for at least 10 years.

(iii) Annual reports required by the institution anddocumentation of periodic evaluations required un-der § 21.131 (relating to evaluation), to be retainedfor at least 10 years.

(iv) [ Follow-up studies of graduates.

(v) ] Budgets to be maintained for at least 3 years.

[ (vi) ] (v) Current [ written ] nursing educationprogram policies.

[ (4) ] (5) School [ bulletin, as follows:

(i) Shall ] bulletins shall be accurate, comprehen-sive and current[ , since it serves as a contract ofagreement between the applicant or student andthe school. ];

[ (ii) Shall ] shall include clearly defined [ refundpolicies governing fees and tuition paid by thestudents. ] tuition, fees and refund policies; and

[ (iii) Shall ] shall include clearly defined [ policiesrelating to admission, promotion, retention, trans-fer, advanced placement and dismissal ] admission,progression, retention and graduation policies.

§ 21.123. [ Access and use of records ] (Reserved).

[ (a) Students shall have access to personalrecords as defined by Federal and State legislation.

(b) No information may be released from a stu-dent’s record without written permission of thestudent. ]§ 21.124. Records to be filed with the Board.

(a) An annual report of the [ school of ] nursingeducation program shall be sent to the Board using theform supplied by the Board.

(b) [ Upon completion of the entire program, atranscript or photocopy of the final record of thestudent shall be submitted along with the applica-tion for admission to the licensing examination.The transcript shall bear the impression of theschool seal and signature of the director of theschool or authorized representative. ] Each nursingeducation program shall submit a list of individualswho completed the program and qualify for atemporary practice permit.

§ 21.125. Custody of records.

(a) When a [ school ] nursing education programcloses, the controlling institution shall be responsible forthe safekeeping of the records of students [ , and offi-cial ] for at least 50 years after graduation. Officialcopies of the records shall be made available uponrequest.

(b) If the controlling institution also closes, adviceshould be obtained from the Board concerning the perma-nent safekeeping and availability of the records of the[ school of ] nursing education program.

* * * * *

PROGRAM EVALUATION§ 21.131. Evaluation.

The program shall be evaluated according to asystematic plan developed by the faculty whichshall include the following:

(1) Organization and administration of the nurs-ing education program.

(2) Administrative and instructional personnel.

(3) Curriculum.

(i) Review of the program based on its statedphilosophy and objectives.

(ii) Evaluation of instructional procedures, learn-ing experiences and student progress.

(iii) Performance of graduates on the licensingexamination.

(iv) Evaluation by students and graduates of thequality of education and entry level nursing compe-tencies of the program.

(4) Facilities and resources.

(5) Student policies and student services.[Pa.B. Doc. No. 01-222. Filed for public inspection February 9, 2001, 9:00 a.m.]

STATE BOARD OF VEHICLEMANUFACTURERS,

DEALERS ANDSALESPERSONS

[49 PA. CODE CH. 19]Consignment Sales

The State Board of Vehicle Manufacturers, Dealers andSalespersons (Board ) proposes to amend its regulationsby adding a new section in § 19.19 (relating to consign-ment sales) to read as set forth in Annex A.

The proposed regulation would establish requirementsfor licensed vehicle dealers who wish to sell vehicles on aconsignment basis without holding a vehicle auctionlicense.

Effective Date

The amendment will be effective upon final publicationin the Pennsylvania Bulletin.

Statutory Authority

The amendment is authorized under section 4 of theBoard of Vehicles Act (act) (63 P. S. § 818.4).

Background and Need for the Amendment

The proposed amendment effectuates the 1996 amend-ments to the act relevant to consignment sales andbrokering. The 1996 amendments to the act changed thedefinition of vehicle brokering to permit licensed vehicledealers to act as vehicle brokers, provided that vehicledealers do not need to hold a vehicle auction license inorder to sell a vehicle on a consignment basis. Theproposed regulation would establish requirements forvehicle dealers who wish to sell vehicles on consignment.



The requirements to be established by the proposedregulation protect both vehicle dealers, consignors andbuyers of vehicles on consignment. First, the proposedregulation requires a written agreement between thevehicle dealer and the consignor. The agreement must setforth crucial information including the identification ofthe vehicle, the terms of the sale and the terms ofinsurance coverage during the period of consignment.These requirements protect both the vehicle dealer andthe consignor by assuring that both parties understandthese important terms.

The agreement must also set forth any warrantiesextended by the consignor to the buyer, the names andaddresses of any lien holders, and any material factsrelative to the condition of the vehicle. These provisionsprotect the potential buyer, because, once aware of thisinformation, the dealer is under an obligation to disclosethe information to the buyer. In addition, the proposedregulation requires dealers to disclose to potential buyersthat the vehicle is held on a consignment basis.

The agreement must contain a copy of the currentregistration card or title. This provision protects both thevehicle dealer and buyer by offering some assurance oflegal ownership of the consignment vehicle. The proposedregulation establishes provisions relative to possession ofthe actual title to the consigned vehicle, assuring that thebuyer can obtain title to the vehicle.

Finally, the proposed regulation directs vehicle dealersto assure their compliance with all applicable State andFederal law in the consignment sale of a vehicle.Description of Proposed Amendments

The proposed regulation permits a licensed dealer toengage in consignment sales without being licensed as avehicle auction, if the dealer meets certain requirementsthat insure consumers are protected from unscrupulousconsignors and insures consignors are protected fromunscrupulous dealers.Compliance with Executive Order 1996-1, Regulatory Re-

view and PromulgationThe Board sent this proposed regulation to dealer

organizations as required under the directives of Execu-tive Order 1996-1 ‘‘Regulatory Review and Promulgation.’’In addition, the Board considered the impact the regula-tion would have on the regulated community and onpublic safety and welfare. The Board finds that theproposed regulation addresses a compelling public inter-est as described in this Preamble and otherwise complieswith Executive Order 1996-1.Fiscal Impact and Paperwork Requirements

The regulation will have no adverse fiscal impact onthe Commonwealth or its political subdivisions. The feeswill have a modest fiscal impact on those members of theprivate sector who apply for services from the Board. Theregulation will impose no additional paperwork require-ments upon the Commonwealth, political subdivisions orthe private sector.Sunset Date

The Board continuously monitors the cost effectivenessof its regulations. Therefore, no sunset date has beenassigned.Regulatory Review

Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), the Board submitted a copy of thisproposed regulation on January 31, 2001, to the Indepen-dent Regulatory Review Commission (IRRC) and the

Chairpersons of the House Professional Licensure Com-mittee and Senate Consumer Protection and ProfessionalLicensure Committee for review and comment. In addi-tion to submitting the proposed regulation, the Board hasprovided IRRC and the Committees with a copy of adetailed Regulatory Analysis Form prepared by the Boardin compliance with Executive Order 1996-1. A copy of thismaterial is available to the public upon request.

If IRRC has any objections to any portion of theproposed regulation, it will notify the Board within 10days after the expiration of the Committees’ reviewperiod. The notification shall specify the regulatory re-view criteria which have not been met by that portion.The act specifies detailed procedures for review, prior tofinal publication of the regulation, by the Board, theGeneral Assembly and the Governor of objections raised.

Public Comment

Interested persons are invited to submit written com-ments, suggestions or objections regarding this proposedrulemaking to Board Administrator, State Board of Ve-hicle Manufacturers, Dealers and Salespersons, P. O. Box2649, Harrisburg, PA 17105-2649, within 30 days follow-ing publication of this proposed rulemaking in the Penn-sylvania Bulletin.

ROBERT G. PICKERILL,Chairperson

Fiscal Note: 16A-601. No fiscal impact; (8) recom-mends adoption.

Annex A

TITLE 49. PROFESSIONAL AND VOCATIONALSTANDARDS

PART I. DEPARTMENT OF STATE

Subpart A. PROFESSIONAL AND OCCUPATIONALAFFAIRS

CHAPTER 19. STATE BOARD OF VEHICLEMANUFACTURERS, DEALERS AND

SALESPERSONS

§ 19.19. Consignment sales.

(a) A licensed dealer shall be permitted to engage inconsignment sales without being licensed as a vehicleauction, subject to the following requirements:

(1) The dealer shall maintain at the lot where thevehicle is displayed a copy of a written consignmentagreement with the consignor, including:

(i) The name and signature of the consignor.

(ii) The make, model, year, vehicle identification num-ber and license plate number of the vehicle.

(iii) The terms of sale, including the minimum sellingprice (if any) and the amount of or formula for determin-ing the dealer’s commission.

(iv) The terms of insurance coverage during the periodof consignment, including the name, address and tele-phone number of the consignor’s insurance agent, if any.

(v) An express identification of any warranties ex-tended by the consignor.

(vi) The name and address or telephone number of allcurrent lien holders, together with the account numberfor each lien.



(vii) Any material facts relative to the vehicle, includ-ing accident history, vehicle condition and odometer dis-closure.

(viii) A copy of the current registration card or title.(2) The dealer need not possess the title while display-

ing the vehicle, but shall provide the executed title by thetime of delivery of the vehicle to the buyer.

(3) The dealer shall have the title of the vehicleassigned from the consignor to the dealer prior to apply-ing for title in the name of the buyer.

(4) Whenever a vehicle on consignment is shown to apotential buyer, the dealer shall disclose to that potentialbuyer that the vehicle is held on consignment and is notowned by the dealer.

(b) In all activities involving the consignment sale of avehicle, the dealer shall comply with applicable Federaland State law.




NOTICESDEPARTMENT OF

AGRICULTURERepeal of Quarantine

Under the authority granted it under § 2104 of theAgriculture Code (3 Pa.C.S. § 2104), the PennsylvaniaDepartment of Agriculture established a limited Quaran-tine in an effort to keep the ‘‘small hive beetle’’ scientifi-cally designated Aethina tumida, from entering the Com-monwealth. The Order of Quarantine took effect onMarch 2, 1999, and was published at 29 Pa.B. 1401(March 19, 1999). This Notice repeals that Order ofQuarantine.Background

At the time the referenced Order of Quarantine wasissued, small hive beetles were not known to be presentin this Commonwealth, and were thought to be presentonly in Florida, Georgia, South Carolina and NorthCarolina. Since that Order of Quarantine took effect,though, small hive beetles have become established inthis Commonwealth, New York, New Jersey and Ohio.

In light of the widespread presence of the small hivebeetle in the Commonwealth and surrounding states, the

conditions of quarantine set forth in the Order of Quaran-tine are no longer effective or practical in addressing theproblems posed by that insect. The best approach tocombating small hive beetles in the Commonwealth is topromote hygienic beekeeping practices. Small hive beetlestend to damage weak bee colonies and honey awaitingextraction from combs. The Beekeeping Advisory Commit-tee met in November of 2000 and voted its unanimoussupport for the repeal of the Order of Quarantine and thepromotion of hygienic beekeeping practices to combat thesmall hive beetle.

The Bee Law provisions (3 Pa.C.S. §§ 2101—2117) ofthe Agriculture Code provide authority for this Order.Order Repealing Quarantine

The Quarantine Order issued by the Department ofAgriculture on March 2, 1999 (and published at 29 Pa.B.1401 (March 19, 1999)) with respect to the small hivebeetle is hereby repealed.

This Order is effective January 24, 2001, and shallremain in force until further notice.

SAMUEL E. HAYES, Jr.,Secretary


DEPARTMENT OF BANKINGAction on Applications

The Department of Banking of the Commonwealth of Pennsylvania, under the authority contained in the act ofNovember 30, 1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of December 14, 1967 (P. L. 746, No.345), known as the Savings Association Code of 1967; the act of May 15, 1933 (P. L. 565, No. 111), known as theDepartment of Banking Code; and the act of December 19, 1990 (P. L. 834, No. 198), known as the Credit Union Code,has taken the following action on applications received for the week ending January 30, 2001.

BANKING INSTITUTIONS

ConversionsDate Name of Bank Location Action1-30-01 Commonwealth Bank

(Federal Savings Bank)NorristownMontgomery County

To:Commonwealth Bank(Pennsylvania Savings Bank)NorristownMontgomery

Norristown Effective

Represents conversion from a Federally-chartered stock savings bank to a State-chartered stock savingsbank.

Branches Acquired Via Conversion:350 West Main StreetBirdsboroBerks County

Giant Food StoreHorsham Point Shopping Center14 Horsham RoadHorshamMontgomery County

601 East Main StreetKutztownBerks County

DeKalb Plaza Shopping Center338 West DeKalb PikeKing of PrussiaMontgomery County

825


Branches Acquired Via Conversion:14 West Wyoming AvenueMohntonBerks County

521 West Main StreetLansdaleMontgomery County

4215 Perkiomen AvenueReadingBerks County

Hillcrest Shopping Center638 East Main StreetLansdaleMontgomery County

2040 Centre AvenueReadingBerks County

Sumney Forge Square1601 Valley Forge RoadLansdaleMontgomery County

830 Lancaster AvenueReadingBerks County

Giant Food Store1201 Knapp RoadMontgomeryvilleMontgomery County

956 North Ninth StreetReadingBerks County

Park Ridge Shopping Center2701 Ridge PikeNorristownMontgomery County

445 Penn StreetReadingBerks County

Audubon Shopping Center2806 Audubon Village DriveNorristownMontgomery County

4641 Penn AvenueSinking SpringBerks County

Giant Food StoreAudubon Square Shopping Ctr.2668 Egypt RoadNorristownMontgomery County

Giant Food StoreSpring Towne Center2643 Shillington RoadSinking SpringBerks County

2890 Audubon Village Dr.NorristownMontgomery County(Drive-Up Facility)

4950 Kutztown RoadTempleBerks County

Weis MarketThe Pottstown Center223 Shoemaker RoadPottstownMontgomery County

Wyomissing HillsProfessional Center

320 Abington DriveWyomissingBerks County

Limerick Square70 Buckwalter RoadRoyersfordMontgomery County

Giant Food StoreFairless Hills Shopping Center473 Oxford Valley Road SouthFairless HillsBucks County

705 Route 113SoudertonMontgomery County

Route # 1 & Durham RoadPenndelBucks County

Clemen’s MarketSpring House Center563 Village CenterSpring HouseMontgomery County

Giant Food StoreSouthampton Shopping Center466A Second Street PikeSouthamptonBucks County

Trappe Shopping Center130 Main StreetTrappeMontgomery County

826 NOTICES


Branches Acquired Via Conversion:Giant Food StoreCedar Point Plaza720D West Street RoadWarminsterBucks County

7149 Frankford AvenuePhiladelphiaPhiladelphia County

Redner’s MarketDoylestown Pointe1661 Easton Rd., Ste. 2WarringtonBucks County

6537 Castor AvenuePhiladelphiaPhiladelphia County

Clemen’s MarketLionville Shopping Center170 Eagleview BoulevardExtonChester County

2501 Welsh RoadPhiladelphiaPhiladelphia County

New Garden Center345 Scarlett RoadKennett SquareChester County

9896 Bustleton AvenuePhiladelphiaPhiladelphia County

Giunta’s ThriftwayBradford Plaza700 Downingtown PikeWest ChesterChester County

One Penn Square West30 South 15th StreetPhiladelphiaPhiladelphia County

1502 West Chester PikeWest ChesterChester County

Port Richmond Village2497 Aramingo AvenuePhiladelphiaPhiladelphia County

106 West Evergreen StreetWest GroveChester County

Boulevard Plaza11000 Roosevelt BoulevardPhiladelphiaPhiladelphia County

Giant Food StoreProvidence Village543 North Oak AvenueAldanDelaware County

SuperFreshCottman & Bustleton Center2151 Cottman AvenuePhiladelphiaPhiladelphia County

3531 West Chester PikeNewtown SquareDelaware County

Shop RiteLansdale Plaza6301 Oxford AvenuePhiladelphiaPhiladelphia County

Chesterbrook Village Center500 Chesterbrook BoulevardWayneDelaware County

6500 Tabor RoadPhiladelphiaPhiladelphia County

Giant Food StoreThe Shoppes at Blue Bell1760 DeKalb PikeBlue BellMontgomery County

6985 Torresdale AvenuePhiladelphiaPhiladelphia County

Redner’s MarketMarketplace at Collegeville201 Second AvenueCollegevilleMontgomery County


NOTICES 827


Branches Acquired Via Conversion:200 West Ridge PikeConshohockenMontgomery County

Academy Shopping Center3292 Red Lion RoadPhiladelphiaPhiladelphia County

East Norriton Crossing5 West Germantown PikeEast NorritonMontgomery County


139 South Easton RoadGlensideMontgomery County

Branch ApplicationsDate Name of Bank Location Action1-26-01 First Cornerstone Bank

King of PrussiaMontgomery County

2 W. Baltimore PikeMediaDelaware County

Approved

Branch DiscontinuancesDate Name of Bank Location Action1-20-01 Fulton Bank

LancasterLancaster County

2900 Oregon PikeLititzLancaster County

Effective

Voluntary DissolutionDate Name of Bank Action1-30-01 Philadelphia Depository

Trust CompanyPhiladelphiaPhiladelphia County

Certificate of Election for VoluntaryDissolution filed. Effective as ofJanuary 30, 2001.

Articles of AmendmentDate Name of Bank Purpose Action1-30-01 Landmark Community Bank

(In Organization)PittstonLuzerne County

Article Ninth has been amended toprovide for the addition of three firstdirectors.

Approvedand

Effective

Savings Institutions

No activity.

CREDIT UNIONS

Consolidations, Mergers and AbsorptionsDate Name of Credit Union Location Action1-30-01 Postmark Credit Union, Harrisburg,

and Dauco Federal Credit Union,HarrisburgSurviving Institution—Postmark Credit Union, Harrisburg

Harrisburg Approved

JAMES B. KAUFFMAN, Jr.,Acting Secretary


828 NOTICES


DEPARTMENT OF ENVIRONMENTAL PROTECTIONApplications, Actions and Special Notices

APPLICATIONS

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS

NPDES APPLICATIONS

PART I PERMITS

Under the Federal Clean Water Act and the Pennsylvania Clean Streams Law, the following parties have applied for anNPDES permit or to renew their current permit to discharge controlled wastewaters into the waters of thisCommonwealth or to conduct other activities required by the NPDES permit. For renewal applications listed in Section Ibelow, the Department of Environmental Protection (Department) has made a tentative determination to reissue thesepermits for 5 years subject to effluent limitations and monitoring and reporting requirements in their current permits,with appropriate and necessary updated requirements to reflect new and changed regulations and other requirements.For all new permit applications, renewal application with major changes or applications for permits not waived by EPA,the Department, based upon preliminary reviews, also made a tentative determination of proposed effluent limitationsand other terms and conditions for the permit applications listed in Section II. These determinations are published asproposed actions for comments prior to taking final actions.

Unless indicated otherwise below, the EPA Region III Administrator has waived the right to review or object to thisproposed permit action under the waiver provision 40 CFR 123.6(d).

Persons wishing to comment on the proposed permit are invited to submit a statement, to the office noted above theapplication within 30 days from the date of this public notice. Comments received within this 30-day comment period willbe considered in the formulation of the final determinations regarding this application. The comments should include thename, address and telephone number of the writer and a concise statement to inform the Department of the exact basisof a comment and the relevant facts upon which it is based. A public hearing may be held if the responsible officeconsiders the public response significant. Following the comment period, the Department’s Water Management ProgramManager will make a final determination regarding these applications. Notice of this final determination will bepublished in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental HearingBoard.

The renewal application, including proposed effluent limitations and special conditions, is available on file. For newpermit applications, information submitted with the applications is available on file. The information may be inspectedand arrangements made for copying at the office indicated above the application.

Persons with a disability, who require an auxiliary aid service, including TDD users or other accommodations to seekadditional information, should contact the Department through the Pennsylvania AT&T Relay service at 1-800-654-5984.

I. NPDES Renewal Applications

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes Barre, PA 18711-0790, (570)826-2511.NPDES No. Facility Name & County & Stream EPA Waived(Type) Address Municipality (Watershed) (Renewal)PA0053911 East Bangor Municipal Authority

P. O. Box 539East Bangor, PA 18013

Northampton CountyWashington Township

Brushy MeadowRun

Yes

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, 717-705-4700.NPDES No. Facility Name & County & Stream EPA Waived(Type) Address Municipality (Watershed) (Renewal)PA0086894 Country View Mobile Home Park

401 Harrisburg St.East Berlin, PA 17316

York CountyWashington Township

UNT to Red RunCreek

TRC

PA0080080 Conewago Valley Mobile HomePark Inc.800 York RoadDover, PA 17315

York CountyNewberry Township

Conewago Creek TRC

PA0080608 Fellowship of Bible Churches, Inc.10670 Fort Loudon RoadMercersburg, PA 17236

Franklin CountyMontgomery Township

Licking Creek TRC

PA0086932 David W. Smith Yorkana MobileHome Park330 Ridge RoadYork, PA 17402

York CountyLower Windsor Township

UNT to CabinCreek

TRC

NOTICES 829


NPDES No. Facility Name & County & Stream EPA Waived(Type) Address Municipality (Watershed) (Renewal)PA0087131 Northern Lancaster County

Authority983 Beam RoadDenver, PA 17517-0983

Lancaster CountyBrecknock Township

Little MuddyCreek

TRC

PA0080900 Berrysburg BoroughBerrysburg Borough HallFirst & Hickory StreetsBerrysburg, PA 17005

Dauphin CountyBerrysburg Borough

UNT to WiconiscoCreek

TRC

PA0085430 William R. & Veronica ReadingRobin Hill Camping Resort149 Robin Hill RoadLenhartsville, PA 19534

Berks CountyGreenwick Township

UNT to MaidenCreek

TRC

PA0086045 David J. Remmel Castle HillAssociates20 Erford Road, Suite 215Lemoyne, PA 17043

Adams CountyStraban Township

UNT to RockCreek

TRC

Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.NPDES No. Facility Name & County & Stream EPA Waived(Type) Address Municipality (Watershed) (Renewal)PA0020036 Blossburg Municipal Authority

206 Main StreetBlossburg PA 16912

Tioga CountyBlossburg Borough

Tioga River 4-A Renewal

Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

Application No. PA0032468. Sewage. Department of Conservation and Natural Resources, Bureau of StateParks, Western Engineering Office, 195 Park Road, P. O. Box 387, Prospect, PA 16052-0387.

This application is for renewal of an NPDES Permit, to discharge treated sewage to Clarion River in Barnett Township,Forest County. This is an existing discharge.

The receiving water is classified for the following uses: cold water fishes, aquatic life, water supply and recreation. Forthe purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply considered during the evaluation is the Pennsylvania American Water Company on theClarion River located at Clarion, approximately 15 miles below point of discharge.

The proposed discharge limits for Outfall No. 001 based on a design flow of 0.079 mgd, are:Average Instantaneous

Parameter Monthly (mg/1) Maximum (mg/1)CBOD5 25 50TSS 30 60Fecal Coliform

(5-1 to 9-30) 200/100ml as a geometric average(10-1 to 4-30) 100,000/100ml as a geometric average

Total Residual Chlorine 0.5 1.6pH 6.0—9.0 at all times

The EPA Waiver is in effect.

Application No. PA0028941. Sewage. Evans City Borough, 220 Wahl Avenue, Evans City, PA 16033.

This application is for a renewal NPDES Permit to discharge treated sewage to the Breakneck Creek in Evans CityBorough, Butler County. This is an existing discharge.

The receiving water is classified for the following uses: warm water fishes, aquatic life, water supply and recreation.For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply considered during the evaluation is the Zelienople Municipal Water Works intake onConnoquenessing Creek located at Zelienople, approximately 6 miles below point of discharge.

The proposed effluent limits for Outfall No. 001 based on a design flow of 0.5 mgd are:Average Weekly Instantaneous

Parameter Monthly (mg/1) Average (mg/l) Maximum (mg/1)CBOD5

(5-1 to 10-31) 20 30 40(11-1 to 4-30) 25 40 50

830 NOTICES


Average Weekly InstantaneousParameter Monthly (mg/1) Average (mg/l) Maximum (mg/1)TSS 30 45 60Ammonia-Nitrogen

(5-1 to 10-31) 3 6(10-1 to 4-30) 9 18

Fecal Coliform(5-1 to 9-30) 200/100ml as a geometric average(10-1 to 4-30) 3,700/100ml as a geometric average

Total Residual Chlorine 0.32 1.04Total Phosphorus (as P)

(4-1 to 10-31) 2 4Copper (Interim) monitor and report

(Final) 0.034 0.05 0.068pH 6.0—9.0 at all times

1. Final water quality based effluent based limitation for Copper.2. Requirement to submit a Toxic Reduction Evaluation.3. Conditions for future permit modification.4. Procedures for granting time extensions to achieve final water quality based effluent limitations.5. Procedures for demonstrating alternative site-specific bioassay based effluent limitations.6. Procedures for demonstrating alternative method detection limits.


Application No. PA0102962, sewage. Sugar Grove American Legion Home Corporation, P. O. Box 386, SugarGrove, PA 16350.

This application is for a renewal of an NPDES Permit, to discharge treated sewage to Unnamed Tributary of StillwaterCreek in Sugar Grove Township, Warren County. This is an existing discharge.

The receiving water is classified for the following uses: cold water fishes, aquatic life, water supply and recreation. Forthe purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply considered during the evaluation is the New York/Pennsylvania border and is used bythe State of New York located at approximately 2.1 miles below point of discharge.

The proposed discharge limits for Outfall No. 001 based on a design flow of 0.001992 mgd are:Average Instantaneous

Parameter Monthly (mg/1) Maximum (mg/1)CBOD5 25 50TSS 30 60Ammonia-Nitrogen

(5-1 to 10-31) 13.5 27Fecal Coliform


Total Residual Chlorine 1.4 3.3Dissolved Oxygen Minimum of 3 mg/l at all times.pH 6.0—9.0 at all times


Application No. PA0047201. Sewage. Tionesta Borough Municipal Authority, 104 River Street, P. O. Box 408,Tionesta, PA 16353-0408.

This application is for renewal of an NPDES Permit to discharge treated sewage to the Allegheny River in TionestaBorough, Forest County. This is an existing discharge.

The receiving water is classified for the following uses: warm water fishes, aquatic life, water supply and recreation.For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply considered during the evaluation is the Emlenton Municipal Authority on theAllegheny River located at Emlenton, approximately 58 miles below point of discharge.

The proposed effluent limits for Outfall 001 based on a design flow of 0.25 mgd are:Average Weekly Instantaneous

Parameter Monthly (mg/1) Average (mg/l) Maximum (mg/1)CBOD5 25 40 50TSS 30 45 60Fecal Coliform


NOTICES 831


Average Weekly InstantaneousParameter Monthly (mg/1) Average (mg/l) Maximum (mg/1)Total Residual Chlorine 0.5 1.6pH 6.0—9.0 at all times

The EPA waiver is in effect.Application PA0104167. Industrial Waste, Erie City Water Authority, 340 West Bayfront Parkway, Erie, PA

16507-0729.

This application is for renewal of an industrial waste NPDES permit to discharge treated filtration plant filterbackwash water, settling basin and clear water storage basin cleaning to Presque Isle Bay from the Chestnut StreetWater Treatment Plant in the City of Erie, Erie County. This is an existing discharge.

The receiving water is classified for warm water fishery. There is no potable water supply affected by this discharge.

The proposed effluent limits for Outfall 001 based on average design flow of 0.80 mgd are:EFFLUENT CONCENTRATION (mg/l)

Average Maximum InstantaneousParameter Monthly Daily MaximumTotal Suspended Solids 30 60 60Iron (Total) 2.0 4.0 5.0Aluminum (Total) 4.0 8.0 10.0Manganese 1.0 2.0 2.5Total Residual Chlorine 0.29 0.46pH 6.0 to 9.0 standard units at all times

The EPA waiver is in effect.

Application PA0100889. Industrial Waste, Erie City Water Authority, 340 West Bayfront Parkway, Erie, PA16507-0729.

This application is for renewal of an industrial waste NPDES permit to discharge treated filtration plant filterbackwash water, settling basin and clear water storage basin cleaning to Presque Isle Bay from the Sommerheim WaterTreatment Plant in Millcreek Township, Erie County. This is an existing discharge. The receiving water is classified forwarm water fishery. There is no potable water supply affected by this discharge.

The proposed effluent limits for Outfall 001 based on average design flow of 0.80 mgd are:EFFLUENT CONCENTRATION (mg/l)

Average Maximum InstantaneousParameter Monthly Daily MaximumTotal Suspended Solids 30 60 60Iron (Total) 2.0 4.0 5.0Aluminum (Total) 4.0 8.0 10.0Manganese 1.0 2.0 2.5Total Residual Chlorine 0.26 0.42pH 6.0 to 9.0 standard units at all times


II. Applications for New Permits, Renewal of Major Permits and EPA Non-Waived Permit Applications

Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA19428.

No. PA0058173, Sewage, Armand Ruocco, 480 Main Street, Collegeville, PA 19426.

This application is for issuance of an NPDES permit to discharge treated sewage from Ruocco Property STP in UpperFrederick Township, Montgomery County. This is a new discharge to Scioto Creek.

The receiving stream is classified for the following uses: trout stocking fishery, aquatic life, water supply andrecreation.

The first downstream potable water supply intake from this facility is the Philadelphia Suburban Water Company inUpper Providence Township.

The proposed effluent limits for Outfall 001, based on an average flow of 500gpd are as follows:Average Instantaneous

Parameter Monthly (mg/l) Maximum (mg/l)CBOD5 10 20Total Suspended Solids 20 40

832 NOTICES


Average InstantaneousParameter Monthly (mg/l) Maximum (mg/l)Total Residual Chlorine Monitor/Report Monitor/ReportFecal Coliform 200 colonies/100 ml as a geometric averagepH Within limits of 6.0—9.0 Standard Units at all times

Other Conditions:


No. PA0029343, Sewage, Chatham Acres Nursing Home, East London Grove Avenue, Chatham, PA 19318-001.

This application is for renewal of an NPDES permit to discharge treated sewage from sewage treatment plant inLondon Grove Township, Chester County. This is an existing discharge to East Branch of White Clay Creek.

The receiving stream is classified for the following uses: exceptional value waters, aquatic life, water supply andrecreation.

The proposed effluent limits for Outfall 001, based on an average flow of 27,000 gpd are as follows:Average Instantaneous

Parameter Monthly (mg/l) Maximum (mg/l)CBOD5

(5-1 to 10-31) 20 40(11-1 to 4-30) 25 50

Suspended Solids 30 60Ammonia (as N)

(5-1 to 10-31) 3.0 6.0(11-1 to 4-30) 9.0 18.0

Total Residual Chlorine(0-2 years) 0.5 1.2

Total Residual Chlorine(3-5 years) Non-Detect Non-Detect

Fecal Coliform 200 colonies/100 ml as a geometric averageDissolved Oxygen Minimum of 5.0 mg/l at all timespH Within limits of 6.0—9.0 Standard Units at all times


No. PA0012891, Industrial Waste, TTT Realty, Inc., 600 East Center Street, P. O. Box 606, Shenandoah, PA17976-0606.

This application is for renewal of an NPDES permit to discharge treated process wastewater from industrialwastewater treatment plant in Upper Hanover Township, Montgomery County. This is an existing discharge toPerkiomen Creek.

The receiving stream is classified for the following uses: trout stocking fishery, high quality trout stocking fishery,

The proposed effluent limits for Outfall 001, based on an average flow of 60,000 gallons per day are as follows:Average Maximum Instantaneous

Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)CBOD5 25 50 63Suspended Solids 30 60 75Ammonia (as N)

(5-1 to 10-31) 5 10 13(11-1 to 4-30) 15 30 38

Total Phosphorus as P 1 2 2.5Total Dissolved Solids 1,000 2,000 2,500Total Residual Chlorine 0.5 1.3Fecal Coliform 200 No. Col/100 ml as a geometric averageCopper, Total 0.55 1.1 1.37Lead, Total Monitor Monitor MonitorpH Within limits of 6.0—9.0 Standard Units at all times


No. PA0058289, Sewage, Pennridge School District, 1506 North Fifth Street, Perkasie, PA 18944-2295.

This application is for issuance of an NPDES permit to discharge treated sewage from M.M. Seylar Elementary Schoolsewage treatment in Hilltown Township, Bucks County. This is a new discharge to unnamed tributary of PleasantSpring Creek.

The receiving stream is classified for the following uses: trout stocking fishery, aquatic life, water supply andrecreation. There is no public water supply intake at least 6 miles downstream of this discharge.

NOTICES 833


The proposed effluent limits for Outfall 001, based on an average flow of 5,000 GPD are as follows:Average Instantaneous

Parameter Monthly (mg/l) Maximum (mg/l)CBOD5 10 20Total Suspended Solids 10 20Ammonia (as N) 3.0 6.0Nitrate and Nitrite (as N) 10.0 20.0Phosphorus (as P)

(4-1 to 10-31) 2.0 4.0Fecal Coliform 200 colonies/100 ml as a geometric averageDissolved Oxygen minimum of 3.0 mg/l at all timespH Within limits of 6.0—9.0 Standard Units at all times

Other Conditions:


PA0012572, Industrial Waste, Amendment No. 1, Jefferson Smurfit Corporation (U.S), 5000 Flat Rock Road,Philadelphia, PA 19127.

The following notice reflects changes to the notice published in the September 26, 1998, Pennsylvania Bulletin:

The permit is being amended to include coverage for the facility’s eight stormwater outfalls. The proposed effluentlimits for Outfalls 101, 102, 103, 104, 105, 106, 107 and 108, based on the General Permit (PAG-3) for the discharge ofstormwater from industrial activities are as follows:

Average InstantaneousParameter Monthly (mg/l) Maximum (mg/l)CBOD5 Monitor/ReportCOD Monitor/ReportOil and Grease Monitor/ReportpH Monitor/ReportTotal Suspended Solids Monitor/ReportTotal Kjeldahl Nitrogen Monitor/ReportTotal Phosphorus (as P) Monitor/ReportIron, Dissolved Monitor/Report


PA0056014, Industrial Waste, Amendment No. 1, AMETEK U.S. Gauge Division, Plant 2, 900 Clymer Avenue,Sellersville, PA 18960.

The following notice reflects changes to the notice published in the June 29, 1998, Pennsylvania Bulletin:

The permit is being amended to include coverage for the facility’s storm water outfall 002. The proposed effluent limitsfor outfall 002, based on the General Permit (PAG-3) for the discharge of storm water from industrial activities are asfollows:

Average InstantaneousParameter Monthly (mg/l) Maximum (mg/l)CBOD5 Monitor/ReportCOD Monitor/ReportOil and Grease Monitor/ReportpH Monitor/ReportTotal Suspended Solids Monitor/ReportTotal Kjeldahl Nitrogen Monitor/ReportTotal Phosphorus (as P) Monitor/ReportIron, Dissolved Monitor/Report


Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

Application No. PA 0008826, SIC Code 3255, Industrial Waste, A. P. Green Refractories, Inc. (Sproul Plant),R. D. 1, Box 588D, Claysburg, PA 16625-9739.

This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to BoilingSpring Run in Watershed 11-A, in Greenfield Township, Blair County.

The receiving stream is classified for cold water fishes, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was United Water Company located in Susquehanna Township, DauphinCounty. The discharge is not expected to impact any potable water supply.

834 NOTICES


The proposed effluent limits for Outfall 001 for a design flow of 0.020 MGD are:Average Maximum Instantaneous

Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Oil and Grease 15 XXX 30Temperature Monitor & Report XXXpH From 6.0 to 9.0 inclusive

Individuals may make an appointment to review the DEP files on this case by calling Mary DiSanto, File ReviewCoordinator, at (717) 705-4732.

The EPA waiver is in effect.Application No. PA 0085073, SIC Code 4952, Sewage, Wood-Broad Top-Well Joint Municipal Authority, P. O.

Box 7, Wood, PA 16694.This application is for renewal of an NPDES permit for an existing discharge of treated sewage to an unnamed

tributary to Great Trough Creek in Watershed 11-D, in Wood Township, Huntingdon County.The receiving stream is classified for trout stocking, recreation, water supply and aquatic life. For the purpose of

evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was United Water Company located in Susquehanna Township, DauphinCounty. The discharge is not expected to impact any potable water supply.

The proposed effluent limits for Outfall 001 for a design flow of 0.084 MGD are:Average Average Instantaneous

Parameter Monthly (mg/l) Weelkly (mg/l) Maximum (mg/l)CBOD5 25 40 50Suspended Solids 30 45 60NH3-N

(5-1 to 10-31) 2 XXX 4(11-1 to 4-30) 6 XXX 12

Dissolved Oxygen Minimum of 5.0 at all timespH From 6.0 to 9.0 inclusiveFecal Coliform

(5-1 to 9-30) 200/100 ml as a geometric average(10-1 to 4-30) 2,100/100 ml as a geometric average



Application No. PA 0027014, SIC Code 4952, Sewage, Altoona City Authority (Easterly Wastewater TreatmentFacility), 20 Greenwood Road, Altoona, PA 16602-7114.

This application is for renewal of an NPDES permit for an existing discharge of treated sewage to the Little JuniataRiver, in Logan Township, Blair County.

The receiving stream is classified for trout stocking fishes, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was United Water Company located in Susquehanna Township, DauphinCounty. The discharge is not expected to impact any potable water supply.


Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)CBOD5

(5-1 to 10-31) 15 22 30(11-1 to 4-30) 20 30 40

Total Suspended Solids 30 45 60NH3-N

(5-1 to 10-31) 2 - 4(11-1 to 4-30) 3.5 - 7

Total Copper 0.017 - 0.042Total Phosphorus Monitor & ReportTotal Nitrogen Monitor & ReportTotal Zinc 0.108 - 0.270Dissolved Oxygen

(2-15 to 7-31) Minimum of 6.0 at all times(8-1 to 2-14) Minimum of 5.0 at all times

pH From 6.0 to 9.0 inclusive

NOTICES 835


Average Average InstantaneousParameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)Fecal Coliforms



The EPA waiver is not in effect.

Application No. PA 0027022, SIC Code 4952, Sewage, Altoona City Authority (Westerly Wastewater TreatmentFacility), 20 Greenwood Road, Altoona, PA 16602-7114.

This application is for renewal of an NPDES permit for an existing discharge of treated sewage to Beaverdam Branch,in Allegheny Township, Blair County.

The receiving stream is classified for trout stocking, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was the United Water Company located in Susquehanna Township,Dauphin County. The discharge is not expected to impact any potable water supply.


Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)CBOD5

(5-1 to 10-31) 20 30 40(11-1 to 4-30) 25 40 50

Total Suspended Solids 30 45 60NH3-N

(5-1 to 10-31) 2.5 - 5.0(11-1 to 4-30) 4.0 - 8.0

Total Copper 0.027 - 0.068Total Phosphorus Monitor & ReportTotal Nitrogen Monitor & ReportDissolved Oxygen Minimum of 5.0 at all timespH From 6.0 to 9.0 inclusiveFecal Coliform




Final Notice is hereby given that the Pennsylvania Department of Environmental Protection, after public notice, has onJanuary 19, 2001 issued a National Pollutant Discharge Elimination System Permit to:

Permit No. PA 0080683Permittee: Miller’s Skyview Sales, Inc.

This notice reflects changes from the notice published in the Pennsylvania Bulletin.Monthly Weekly Instantaneous

Parameter Average Average MaximumTotal Phosphorus 4.0 XXX 8.0


Application No. PA 0082911, SIC Code 4952, Sewage, Wellington Heights Property Owners Association, Box 58,Bowmansdale, PA 17008-0058.

This application is for renewal of an NPDES permit for a new discharge of treated sewage to the Yellow Breeches Creekin Watershed 7-E, in Monaghan Township, York County.

The receiving stream is classified for cold water fishes, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was United Water Company located in Fairview Township, York County.The discharge is not expected to impact any potable water supply.

836 NOTICES


The proposed effluent limits for Outfall 001 for a design flow of 0.025 MGD are:Average Instantaneous

Parameter Monthly (mg/l) Maximum (mg/l)CBOD5 25 50Suspended Solids 30 60NH3-N Monitor & Report XXXTotal Residual Chlorine 0.5 1.6Dissolved Oxygen Minimum of 5.0 at all timespH From 6.0 to 9.0 inclusiveFecal Coliform




Application No. PA 0083054, SIC Code 4952, Sewage, Ashbridge Oil Company (Townhill Auto/Truck PlazaSewage Treatment Plant), 9848 Old 126, Exit 31, Warfordsburg, PA 17267.

This application is for renewal of an NPDES permit for an existing discharge of treated sewage to a dry swale tributaryto Wildcat Hollow Run in Watershed 11-C (Dunning Creek), in Brush Creek Township, Fulton County.

The receiving stream is classified for High Quality-Cold Water Fishes, recreation, water supply and aquatic life. For thepurpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potablewater supply intake considered during the evaluation was the Borough of Saxton located in Bedford County. Thedischarge is not expected to impact any potable water supply.


Parameter Monthly (mg/l) Maximum (mg/l)CBOD5 25 50Suspended Solids 30 60Total Residual Chlorine 1.0 2.0Dissolved Oxygen Minimum of 5.0 at all timespH From 6.0 to 9.0 inclusiveFecal Coliform




Application No. PA 0084212, SIC Code 4952, Sewage, Leacock Township Sewer Authority, P. O. Box 558,Intercourse, PA 17534.

This application is for renewal of an NPDES permit for an existing discharge of treated sewage to Muddy Run, inLeacock Township, Lancaster County.

The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was the Holtwood Power Plant located in Martic Township, LancasterCounty. The discharge is not expected to impact any potable water supply.


Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)CBOD5 25 40 50Suspended Solids 30 45 60NH3-N

(5-1 to 10-31) 3.0 - 6.0(11-1 to 4-30) 9.0 - 18

Total Phosphorus 2.0 - 4.0Total Residual Chlorine 0.5 - 1.6Total Nitrogen MonitorDissolved Oxygen Minimum of 5.0 at all timespH From 6.0 to 9.0 inclusive

NOTICES 837


Average Average InstantaneousParameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)Fecal Coliform




Application No. PA 0087076, SIC Code 7211, Industrial Waste, Hershey Entertainment & Resort Company, 300Park Boulevard, Hershey, PA 17033.

This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to SpringCreek in Watershed 7-D, in Derry Township, Dauphin County.

The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was United Water of Pennsylvania on the Swatara Creek located inHummelstown, Dauphin County. The discharge is not expected to impact any potable water supply.


Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Flow MonitorpH (S.U.) 6.0—9.0PCE 0.050 0.100 0.125



Application No. PA 0087181, SIC Code 4952, Sewage, Ephrata Borough Authority (Plant #2), 114 East MainStreet, Ephrata, PA 17522.

This application is for renewal of an NPDES permit for an existing discharge of treated sewage to the Cocalico Creek,in Ephrata Township, Lancaster County.

The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was the Ephrata Area Joint Authority located in Ephrata Borough,Lancaster County. The discharge is not expected to impact any potable water supply.

The proposed effluent limits for Outfall 001 for a design flow of 2.3 MGD are:Average Average Maximum Instantaneous

Parameter Monthly (mg/l) Weekly (mg/l) Daily (mg/l) Maximum (mg/l)CBOD5 25 40 - 50Suspended Solids 30 45 - 60NH3-N

(5-1 to 10-31) 4 - - 8(11-1 to 4-30) 12 - - 24

Total Phosphorus 2 - - 4NO2 + NO3 - - 24 30Total Dissolved Solids 1,200 - 1,800 2,400Total Residual Chlorine 0.48 - - 1.6Total Nitrogen MonitorDissolved Oxygen Minimum of 5.0 at all timespH From 6.0 to 9.0 inclusiveFecal Coliform




Application No. PA 0088455, SIC Code 0723, Industrial Waste, Rice Fruit Co., Inc., 2760 Carlisle Road, Gardners,PA 17324-0066.

This application is for issuance of an NPDES permit for an existing discharge of treated industrial waste to anunnamed tributary of Opossum Creek in Watershed 7-F (Conewago Creek), in Menallen Township, Adams County.

838 NOTICES


The receiving stream is classified for trout stocking fishery, recreation, water supply, and aquatic life. For the purposeof evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was the Wrightsville Water Supply Co. located on the Susquehanna Riverin York County. The discharge is not expected to impact any potable water supply.


Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)pH 6.0 to 9.0 at all timesDissolved Oxygen Minimum of 5.0 mg/l at all timesTotal Residual Chlorine 0.2 XXX 0.67Total Suspended Solids 30 60 75CBOD5 25 50 62NH3-N

(5-1 to 10-31) 1.5 3.0 3.7(11-1 to 4-30) 4.5 9.0 11.2

Oil and Grease 15 XXX 30Pesticides XXX Monitor & Report XXX



Application No. PA 0010375, SIC Code 3241, Industrial Waste, Lehigh Portland Cement Company, 200 HokesMill Road, York, PA 17404.

This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to anunnamed tributary of Codorus Creek in Watershed 7-H, in West Manchester Township, York County.

The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing down-stream potable watersupply intake considered during the evaluation was the Wrightsville Water Supply Company located in York County. Thedischarge is not expected to impact any potable water supply.

The proposed effluent limits for Outfall 002 for a flow of 0.02 MGD (overflow from retention basin) are:Average Maximum Instantaneous

Parameter M0nthly (mg/l) Daily (mg/l) Maximum (mg/l)pH 6.0 to 9.0 S.U. at all timesTotal Suspended Solids Monitor & Report Monitor & Report XXXOil and Grease 15 XXX 30



Application No. PA 0012319, SIC Code 5169, Industrial Waste, Textile Chemical Company, Inc. (Pottsville PikeFacility), Pottsville Pike and Huller Lane, Reading, PA 19612.

This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to SchuylkillRiver in Watershed 3-C, in Ontelaunee Township, Berks County.

The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was Pottstown Borough Authority on the Schuylkill River located inPottstown Borough, Berks County. The discharge is not expected to impact any potable water supply.

The proposed effluent limits for Outfall 001-MP 101 for a design flow of 0.005 MGD are:Average Maximum Instantaneous

Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Flow Monitor & ReportpH (S.U.) 6.0—9.0BOD 85% RemovedTSS 100 200 250TDS 1,000 2,000 2,500Color 100 200 250Total Iron Monitor & ReportDissolved Iron Monitor & ReportTotal Chromium Monitor & ReportChromium IV Monitor & ReportTotal Copper 2.1 4.2 5.3

NOTICES 839


Average Maximum InstantaneousParameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Osmotic Pressure Monitor & ReportTotal Residual Chlorine 1.5 3.0 3.8NH3-N 20 40 40

The proposed effluent limits for Outfall 001-MP 201 for a design flow of 0.084 MGD are:Average Maximum Instantaneous

Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Flow Monitor & ReportpH (S.U.) 6.0—9.0TSS 30 60 75TDS 1,000 2,000 2,5001,1-dichloroethylene Monitor & ReportTetrachloroethylene Monitor & ReportMethylene Chloride Monitor & ReportBenzene Monitor & ReportTrichloroethylene 0.028 0.056 0.07Toluene 2.19 4.38 5.48Total Manganese Monitor & ReportDissolved Iron Monitor & ReportTotal Iron Monitor & Report



Application No. PA 0082911, SIC Code 4952, Sewage, Wellington Heights Property Owners Association, Box 58,Bowmansdale, PA 17008-0058.

This application is for renewal of an NPDES permit for a new discharge of treated sewage to the Yellow Breeches Creekin Watershed 7-E, in Monaghan Township, York County.

The receiving stream is classified for cold water fishes, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was United Water Company located in Fairview Township, York County.The discharge is not expected to impact any potable water supply.


Parameter Monthly (mg/l) Maximum (mg/l)CBOD5 25 50Suspended Solids 30 60NH3-N Monitor & Report XXXTotal Residual Chlorine 0.5 1.6Dissolved Oxygen Minimum of 5.0 at all timespH From 6.0 to 9.0 inclusiveFecal Coliform




Application No. PA 0084212, SIC Code 4952, Sewage, Leacock Township Sewer Authority, P. O. Box 558,Intercourse, PA 17534.

This application is for renewal of an NPDES permit for an existing discharge of treated sewage to Muddy Run, inLeacock Township, Lancaster County.

The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was the Holtwood Power Plant located in Martic Township, LancasterCounty. The discharge is not expected to impact any potable water supply.

840 NOTICES



Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)CBOD5 25 40 50Suspended Solids 30 45 60NH3-N

(5-1 to 10-31) 3.0 - 6.0(11-1 to 4-30) 9.0 - 18

Total Phosphorus 2.0 - 4.0Total Residual Chlorine 0.5 - 1.6Total Nitrogen MonitorDissolved Oxygen Minimum of 5.0 at all timespH From 6.0 to 9.0 inclusiveFecal Coliform




Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

PA 0020567, Sewerage SIC 4952, Northumberland Sewer Authority, 100 Water Street, Northumberland, PA 17857.This proposed facility is located in Northumberland Borough, Northumberland County.

Description of Proposed Activity: Renewal of an NPDES permit for an existing discharge of treated sewage. Thereceiving stream, Susquehanna River, is in watershed 5-E Catawissa, and classified for: WWF. The proposed effluentlimits for Outfall 001, based on a design flow of 1.125 mgd.

Average Average MaximumParameter Monthly (mg/l) Weekly (mg/l) Daily (mg/l)C-BOD5 25.0 40.0Suspended Solids 30.0 45.0Total Chlorine 1.0

In addition to the effluent limits, the permit contains the following major special conditions.

1. Queen Street pumping station bypass monitoring.

Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

PA0002739, Industrial Waste, SIC 3316, Allegheny Ludlum Corporation, 100 River Road, Brackenridge, PA15014-1597.

This application is for renewal of an NPDES permit to discharge non-contact cooling water, treated process and sewagewastewater and untreated storm water from Houston Plant located in Chartiers Township, Washington County.

The following effluent limitations are proposed for discharge to the receiving waters, Chartiers Run, classified as aWWF fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposeddownstream potable water supply (PWS) is West View Municipal Authority, located at 210 Perry Highway, Pittsburgh, PA15229, approximately 40 miles downstream the discharge point.

Outfall 002: existing discharge, design flow of 0.133 mgd.Mass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) Monitor and Report Monitor and ReportTemperature °F

(3/1-10/15) 110(1/1-1/31) 84.9(2/1-2/29) 89.2(10/16-10/31) 10.4(11/1-11/15) 102.9(11/16-11/30) 86(12/1-12/31) 75.7

TRCpH Between 6.0 and 9.0 at all times

NOTICES 841


Outfall 004: existing discharge, design flow of 0.114 mgd, respectively.Mass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) Monitor and Report Monitor and ReportTemperature °F

(3/1-10/15) 110(1/1-1/31) 92.4(2/1-2/29) 97.3(11/16-11/30) 91.9(12/1-12/31) 81. 3

TRCpH Between 6.0 and 9.0 at all times


Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) Monitor and Report Monitor and ReportTSS 387.1 993.5 25 50Oil & Grease 68.8 301.2 10 30Total Residual 0.5 1.25ChlorineTemperature 110°FLead 0.14 0.34 0.1 0.3 0.38Zinc 0.36 0.91 0.15 0.45 0.56Iron 1.0 2.0 2.5Nickel 0.3 0.6 0.75Hex. Chromium 0.1 0.3 0.38Cyanide (Total) 0.59 0.14 0.08 0.2 0.25Free Cyanide 0.07 0.144 0.18Fluoride 5.8 11.7 25 50 62.5Ammonia 28.6 65.1 58.6 133.3 167Titanium 0.23 0.53 0.66pH Between 6.0 and 9.0 at all times

* Included in the permit along with a Special Condition specifically for enforcement purpose only.

Outfall 105: existing discharge, design flow of 0.037 mgd (flows are recycled.)Mass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) Monitor and Report Monitor and ReportTSS 30 60CBOD5 25 50Fecal Coliform See Part C for effective disinfection% Removal (TSS & CBOD5) Refer to Part CpH Between 6.0 and 9.0 at all times

Outfalls 001, 003, 006, 007, 008, 009, 010 and 011: existing discharge, design flow of N/A mgd.Mass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumDischarge consists solely of uncontaminated storm water runoff.


PA0095010, Industrial Waste, SIC, 4941, Greater Johnstown Water Authority, 111 Roosevelt Boulevard,Johnstown, PA 15907.

This application is for renewal of an NPDES permit to discharge treated process water and storm water from theRiverside Water Plant in Stonycreek Township, Cambria County.

The following effluent limitations are proposed for discharge to the receiving waters, Stony Creek, classified as a warmwater fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposeddownstream potable water supply (PWS) is the Saltsburg Water Authority, located at Saltsburg, 52 miles below thedischarge point.

842 NOTICES



Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (MGD) Monitor and ReportTSS 30 60Aluminum 4 8Iron 2 4Manganese 1 2TRC 0.5 1.0pH not less than 6.0 nor greater than 9.0

Outfall 002: existing discharge.Mass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily Maximum

This outfall shall only discharge storm water.


PA0205991, Industrial Waste, SIC, 4941, Moon Township Municipal Authority, 1000 Beaver Grade Road,Coraopolis, PA 15108.

This application is for renewal of an NPDES permit to discharge treated process and untreated storm water from theMoon Township Water Filtration Plant in Moon Township, Allegheny County.

The following effluent limitations are proposed for discharge to the receiving waters, the Ohio River, classified as awarm water fishery with existing and/or potential uses for aquatic life, water supply, and recreation. The firstexisting/proposed downstream potable water supply (PWS) is the Midland Borough Water Authority, located at 25 milesbelow the discharge point.


Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumSuspended Solids 30 60Iron 2 4Aluminum 4 8Manganese 1 2Total Residual Chlorine 0.5 1.0pH not less than 6.0 nor greater than 9.0


Outfall 001: existing dischargeMass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily Maximum

This discharge shall consist solely of thosesources previously monitored at IMP 101 anduncontaminated storm water runoff fromroof drains and parking lot drains.

PA0217034, Industrial Waste, SIC, 3312, Koppers Industries, Inc., 436 Seventh Avenue, Pittsburgh, PA 15219.

This application is for renewal of an NPDES permit to discharge treated process water, cooling water and storm waterfrom the Monessen Coke Plant in Monessen, Westmoreland County.

The following effluent limitations are proposed for discharge to the receiving waters, Monongahela River, classified as awarm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The firstexisting/proposed downstream potable water supply (PWS) is the Western Pennsylvania Water Company-Aldrich Station,located at Box 302, Elrama, PA 15038, 13.6 miles below the discharge point.

NOTICES 843



Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) Monitor and ReportOil and Grease 15 30Total Residual Chlorine 0.5 1.25Temperature (°F) 110pH not less than 6.0 nor greater than 9.0

Outfall 101: existing discharge, design flow of 0.11 MGDMass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) Monitor and ReportSuspended Solids 310 598 140 270 337Oil and Grease 26 78 10Ammonia-Nitrogen 39 135 25 85 106Cyanide 8.7 15.8 5.5 10 12Phenols (4AAP) 0.08 0.16 0.05 0.1 0.125Benzene 0.08 0.05Naphthalene 0.08 0.05 0.06Benzo(a)pyrene 0.08 0.05 0.06Total Residual Chlorine 0.5 1.25pH not less than 6.0 nor greater than 9.0

Outfall 002: existing discharge.Mass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) Monitor and ReportSuspended solids 50Iron Monitor & ReportManganese Monitor & ReportpH Not less than 6.0 nor greater than 9.0

Other Conditions:


PAS236103, Industrial Waste, SIC 2816, Cerdec Corporation Drakenfeld Colors, P. O. Box 519, Washington, PA15301.

This application is for issuance of an NPDES permit to discharge untreated storm water from the Cerdec DrakenfeldColors Facility in Canton Township, Washington County.

The following effluent limitations are proposed for discharge to the receiving waters, Chartiers Creek (001) and CantonTownship Storm Sewer (002), classified as a warm water fishery with existing and/or potential uses for aquatic life, watersupply and recreation. The first existing/proposed downstream potable water supply (PWS) is West View Water, located atWest View on the Ohio River, over 17 miles below the discharge point.

Outfalls 001 and 002: existing storm water discharge.Mass (lb/day) Concentration (mg/l)

Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumOil and Grease Monitor and ReportAntimony Monitor and ReportCadmium Monitor and ReportChromium, Hexavalent Monitor and ReportCopper Monitor and ReportLead Monitor and ReportNickel Monitor and ReportSelenium Monitor and ReportZinc Monitor and Report

844 NOTICES


Mass (lb/day) Concentration (mg/l)Average Maximum Average Maximum Instantaneous

Aluminum Monitor and ReportFluoride Monitor and ReportIron, Total Monitor and ReportTotal Suspended Solids Monitor and Report

Other Conditions: Solids disposal, floating solids, storm water conditions, provide analytical results for a completeanalysis within 90 days.


PA0093408, Sewage, Cumberland Township Supervisors, 100 Municipal Road, Carmichaels, PA 15320.

This application is for renewal of an NPDES permit to discharge treated sewage from Crucible Water Pollution ControlFacility in Cumberland Township, Greene County.

The following effluent limitations are proposed for discharge to the receiving waters, known as Monongahela River,which are classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply andrecreation. The first downstream potable water supply intake from this facility is the: Tri County Joint MunicipalAuthority.

Outfall 001: existing discharge, design flow of 0.0995 mgd.Concentration (mg/l)

Average Average Maximum InstantaneousParameter Monthly Weekly Daily MaximumCBOD5 25 37.5 50Suspended Solids 30 45 60Fecal Coliform

(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 9-30) 100,000/100 ml as a geometric mean

Total Residual Chlorine1st month—36th month Monitor and Report37th month—expiration 0.7 1.6

pH not less than 6.0 nor greater than 9.0


PA0218707, Sewage, William and Kathryn Neumont, 12 Crestwood Drive, Allison Park, PA 15101.

This application is for issuance of an NPDES permit to discharge treated sewage from Neumont Single Residence STPin Richland Township, Allegheny County.

The following effluent limitations are proposed for discharge to the receiving waters, known as unnamed tributary toWillow Run, which are classified as a trout stock fishery with existing and/or potential uses for aquatic life, water supply,and recreation. The first downstream potable water supply intake from this facility is the: West View Borough MunicipalWater Authority.

Outfall 001: new discharge, design flow of 0.0004 mgd.Concentration (mg/l)

Average Average Maximum InstantaneousParameter Monthly Weekly Daily MaximumCBOD5 10 20Suspended Solids 10 20Ammonia Nitrogen

(5-1 to 10-3) 3.0 6.0(11-1 to 4-30) 9.0 18.0

Fecal Coliform(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 2,000/100 ml as a geometric mean

Total Residual Chlorine Monitor and ReportDissolved Oxygen not less than 3.0 mg/lpH not less than 6.0 nor greater than 9.0


PA 0095443-A1, Industrial Waste, SIC, 1389, Hart Resource Technologies, Inc., P. O. Box 232, Route 110 West,Creekside, PA 15732.

This proposed facility is located in Washington Township, Indiana County.

Description of Proposed Activity: This application is for issuance of an NPDES permit to discharge treated industrialwastewater and treated sewage. This is an existing discharge.

NOTICES 845


The receiving stream, McKee Run is classified for cold water fish and the statewide list. For the purpose of evaluatingeffluent requirements for TDS, and phenolics, the existing downstream water supply considered during the evaluation islocated in Cadogan, PA approximately 42.12 miles downstream of the discharge point.

The proposed discharge limits for Outfall No. 401 are:Average Maximum Instantaneous

Parameter Monthly Daily MaximumFlow 0.045 mgd 31.25 gpmTotal Iron (mg/l) 3.5 7Oil and Grease (mg/l) 15 30TSS (mg/l) 30 60Acidity (mg/l) monitor onlyAlkalinity (mg/l) greater than aciditypH 6 to 10.5 at all timesTDS (mg/l) monitor onlyChloride (mg/l) monitor onlyBarium 14.64 29.28Lithium monitor onlyOsmotic Pressure(mosm/kg) 1,017 2,034

The EPA waiver is in effect

The proposed discharge limits for Outfall No. 501 are:Average Maximum Instantaneous

Parameter Monthly Daily MaximumFlow 0.035 mgd 24.31 gpmTotal Iron (mg/l) 3.5 7Oil and Grease (mg/l) 15 30TSS (mg/l) 30 60Acidity (mg/l) monitor onlyAlkalinity (mg/l) greater than aciditypH 6 to 10.5 at all timesTDS (mg/l) monitor onlyChloride (mg/l) monitor onlyBarium 13.78 27.56Lithium monitor onlyOsmotic Pressure 2,702 5,404


The proposed limits for Outfall No. 101 (treated sewage) are:Average Maximum Instantaneous

Parameter Monthly Daily MaximumFlow (mgd) 0.00007CBOD5 (mg/l) 25 50TSS (mg/l) 30 60Fecal Coliform

(5-1 to 9-30) 200/100 ml as a geometric meanFecal Coliform

(10-1 to 4-30) 2,000/100 ml as a geometric meanDissolved Oxygen not less than 5.0 mg/lpH 6 to 9 at all timesCBOD5 and TSS (% reduction) The 30-day average percent removal shall not be less than 85 percent

Outfalls 201, 002, and 003 shall consist solely of uncontaminated stormwater runoff.


Northwest Regional Office: Regional Manager, Water Management, 230 Chestnut Street, Meadville, PA 16335; telephone:(814) 332-6942.

Application No. PA0238431, sewage. Charles Betts, 400 Weiler Road, Warren, PA 16365.

This application is for a new NPDES Permit, to discharge treated sewage to Unnamed Tributary to Morse Run inConewango Township, Warren County. This is a new discharge.

The receiving water is classified for the following uses: high quality-cold water fishes, aquatic life, water supply andrecreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, theexisting/proposed downstream potable water supply considered during the evaluation is the Emlenton MunicipalAuthority on the Allegheny River located at Emlenton, approximately 72 miles below point of discharge.

846 NOTICES


The proposed discharge limits for Outfall No. 001 based on a design flow of 0.0004 mgd are:Average Instantaneous

Parameter Monthly (mg/1) Maximum (mg/1)CBOD5 10 20TSS 20 40Fecal Coliform


Total Residual Chlorine 1.4 3.3pH 6.0—9.0 at all times


WATER QUALITY MANAGEMENT PERMITSCONTROLLED INDUSTRIAL WASTE AND SEWAGE

WASTEWATERAPPLICATIONS UNDER THE PENNSYLVANIA

CLEAN STREAMS LAW

PART II PERMITS

The following permit applications or requests for planapproval have been received by the Department of Envi-ronmental Protection (Department).

Persons wishing to comment on any of the applicationsare invited to submit a statement to the office notedabove the application within 15 days from the date of thispublic notice. Comments received within this 15-daycomment period will be considered in making the finaldecision regarding the application. The comments shouldinclude the name, address, and telephone number of thewriter and a concise statement to inform the Departmentof the exact basis of a comment and the relevant factsupon which it is based.

The Department reserves the right to hold a publichearing if the responsible office considers the publicresponse significant. If a hearing is scheduled, a notice ofthe hearing will be published in the Pennsylvania Bulle-tin and a newspaper of general circulation of the area. Ifno hearing is held, the Department’s Water ManagementProgram Manager will make a final determination re-garding the applications after a complete review. Notice ofthis final determination will be published in the Pennsyl-vania Bulletin at which time this determination may beappealed to the Environmental Hearing Board.

A copy of the permit application or proposed plan is onfile in the office indicated and is open to public inspection.Appointments to review the application may be made bycontacting Records Management at the indicated tele-phone number.

Industrial Waste and Sewerage Applications underThe Clean Streams Law (35 P. S. §§ 691.1—691.1001)

Southeast Region: Water Management Program Man-ager, Lee Park, Suite 6010, 555 North Lane,Conshohocken, PA 19428.

WQM Permit No. 0901402. Sewerage. Bucks CountyIntermediate School, 705 Shady Retreat Road, Doyles-town, PA 18901. Applicant is requesting approval for theconstruction and operation to upgrade the sewage pumpstation at the facility located in Doylestown Township,Bucks County.

WQM Permit No. 4600436. Sewerage. Berks-Montgomery Municipal Authority, PO Box 370, Mu-nicipal Drive, Gilbertsville, PA 19525-0370. Applicant is

requesting approval for the construction and operation toupgrade and expand the facility at the West SwampCreek WWTP located in Douglass Township, Montgom-ery County.

Southcentral Region: Water Management Program Man-ager, 909 Elmerton Avenue, Harrisburg, PA 17110.

Application Number 2901401. Sewage submitted byHustontown Joint Sewer Authority, 299 North ClearRidge Road, PO Box 577, Hustontown, PA 17229 inDublin and Taylor Townships, Fulton County to con-struct a wastewater treatment system to serve the Villageof Hustontown was received in the Southcentral Regionon January 17, 2001.

Application Number 0693430, transfer 01-1. Sew-age, submitted by Stephen C. Baro, 28 Creamery Road,Boyertown, PA 19512 in Douglass Township, BerksCounty to transfer ownership from Bryan Moyer wasreceived in the Southcentral Region on January 22, 2001.

Application Number 2282406, amendment 01-1.Sewage submitted by Berrysburg Municipal Author-ity, P. O. Box 183, North Chestnut Street, Berrysburg, PA17005-0183 in Berrysburg Borough, Dauphin County toconstruct and install a conventional rectangular clarifierto replace the existing underground clarifier was receivedin the Southcentral Regional Office on January 22, 2001.

Application Number 0101402. Sewage, submitted byCumberland Township Authority, 1370 FairfieldRoad, Gettysburg, PA 17325 in Cumberland Township,Adams County to expand their South Treatment Plantwas received in the Southcentral Region on January 3,2001.

Application Number 0101401. Sewage, submitted byCumberland Township Authority, 1370 FairfieldRoad, Gettysburg, PA 17325 in Cumberland Township,Adams County to expand their North Treatment Plantwas received in the Southcentral Region on January 3,2001.

Application Number 3601401. Sewage, submitted byBorough of Elizabethtown, 600 South Hanover Street,Elizabethtown, PA 17022 in Elizabethtown Borough andWest Donegal Township, Lancaster County to replacethe Conoy Creek Interceptor was received in theSouthcentral Region on January 12, 2001.

Application Number 6700417. Sewage, submitted byFelton Borough, 197 Main Street, Felton, PA 17322 inFelton Borough, York County to construct sanitarysewers, a pump station and a wastewater treatment plantwas received in the Southcentral Region on December 29,2000.

Application Number 3801401. Sewage, submitted byPA Department of Military and Veterans Affairs,

NOTICES 847


Building SO-47, Rooms 242, Annville, PA 17003-5003 inEast Hanover and Union Townships, Lebanon Countyto construct sanitary sewers, a pump station and forcemains was received in the Southcentral Region on Janu-ary 2, 2001.

Application Number 2201401. Sewage, submitted byCamp Hebron, Inc, 957 Camp Hebron Road, Halifax, PA17032-9520 in Halifax Township, Dauphin County toconstruct a central collection and treatment system forwastewater was received in the Southcentral Region onJanuary 8, 2001.

Application Number 0194403 Amendment 01-1.Sewage, submitted by Blue Ridge Sportsman Associa-tion, 309 Waynesboro Pike, Fairfield, PA 17320 in LibertyTownship, Adams County to construct and install anaeration system at their existing sewage treatment plantwas received on January 8, 2001.

Application Number 0701402. Sewage, submitted byLogan Township Board of Supervisors, 80 39thStreet, Altoona, PA 16602-1799 in Logan and AlleghenyTownships, Blair County to replace the lower 3770 feetof the Fairway Development sewer system serving theBlair County Convention Center and Sports Facility wasreceived in the Southcentral Region Office on December22, 2000.

Application Number 0701401. Sewage, submitted byAllegheny Township Sewer and Water Authority,3131 Old Sixth Avenue, North, Duncansville, PA 16635 inAllegheny Township, Blair County to replace the lower3770 feet of the Fairway Development sewer systemserving the Blair County Covention Center and SportsFacility was received in the Southcentral Region Office onDecember 22, 2000.

Application Number 0501401. Sewage, submitted bythe Municipal Authority of the Borough of Bedford,244 West Penn Street, Bedford, PA 15522 in BedfordBorough and Bedford Township, Bedford County toreplace, relocate and size increase several sanitary sewerinterceptors was received in the Southcentral RegionOffice on January 24, 2001.

Application Number 0601401. Sewage, submitted byAmity Township, 2004 Weavertown Road, Douglassville,PA 19518 in Amity Township, Berks County to constructa pump station to serve 165 homes plus proposed futureflows from the Amity Elementary School Expansion wasreceived in the Southcentral Region Office on January 25,2001.

Northcentral Region: Water Management Program Man-ager, 208 West Third Street, Williamsport, PA 17701.

WQM Permit No. 4901401, Sewerage, LowerMahanoy Township Municipal Authority, P O Box235, Dalmatia PA 17017-0235.

This proposed facility is located in Lower MahanoyTownship, Northumberland County.

Description of Proposed Action/Activity: Proposed is theconstruction of approximately 6.75 miles of sanitarysewer collection system, grinder pump station, collectionsystem pump station, 85,000 GPD SBR treatment plantand operations building. This application was received inthe Northcentral Regional Office on January 9, 2001.

Southwest Region: Water Management Program Man-ager, 400 Waterfront Drive, Pittsburgh, Pa 15222-4745.

Application No. 0300402. Sewerage, Borough ofApollo, 405 North Pennsylvania Avenue, Apollo, PA15613. Application for the construction & operation of a

sanitary sewer system to serve Apollo Borough located inApollo Borough, Armstrong County.

The Pennsylvania Infrastructure Investment Authority(Pennvest) which administers Pennsylvania’s State Re-volving Fund has been identified as a possible fundingsource. The Department’s review of the sewage facilitiesplan revision has not identified any significant environ-mental impacts resulting from this proposal.

Application No. 0400412. Sewerage, Beaver CountyCorporation for Economic Development, 250 Insur-ance Street, Suite 300, Beaver, PA 15009. Application forthe construction and operation of a sewer system andpump station to serve Woodlawn Road Utility Corridorlocated in Aliquippa, Beaver County.

Application No. 1100402. Sewerage, SankertownBorough Sewer Authority, P. O. Box 33, Cresson, PA16630. Application for the construction and operation of asewer system and pump station to serve the SankertownPumping Station located in Sankertown Borough,Cambria County.


Application No. 2600404. Sewerage, BullskinTownship/Connellsville Township Joint Sewer Au-thority, 178 Shenandoah Road, Connellsville, PA 15425.Application for the construction and operation of sewersand appurtenances and pump stations to serve the Route119 Corridor Project located in Bullskin Township andConnellsville Township, Fayette County.


Application No. 5672401-A2. Sewerage, UpperStonycreek Joint Municipal Authority, P. O. Box 24,Hooversville, PA 15936. Application for the constructionand operation of a sewer system extension to serve UpperStonycreek Joint Municipal Authority STP located inQuemahoning Township, Somerset County.


Application No. 6500411. Sewerage, HempfieldTownship Municipal Authority, R. D. 6, WoodwardDrive, Greensburg, PA 15601. Application for the con-struction and operation of a pump station and sewerextension to serve Hempfield Township located inHempfield Township, Westmoreland County.


848 NOTICES


NPDES Stormwater Individual Permit

The following parties have applied for an NPDESpermit to discharge stormwater associated with a con-struction activity into waters of this Commonwealth.Unless otherwise indicated, on the basis of preliminaryreview and application of lawful standards and regula-tions, the Department of Environmental Protection (De-partment) proposes to issue a permit to discharge, subjectto certain limitations set forth in the permit conditions.These proposed determinations are tentative. Limitationsare provided as erosion and sediment control best man-agement practices (BMPs) which restrict the rate andquantity of sediment discharged.

Where indicated, the EPA Region III Administrator haswaived the right to review or object to this proposedpermit action under the waiver provision 40 CFR123.24(d).

Persons wishing to comment on the proposed permitare invited to submit a statement to the appropriateDepartment Regional Office noted above the applicationwithin 30 days from the date of this public notice.Comments reviewed within this 30-day period will beconsidered in the formulation of the final determinationsregarding this application. Responses should include thename, address and telephone number of the writer and aconcise statement to inform the Department of the exactbasis of a comment and relevant facts upon which it isbased. A public hearing may be held after consideration ofcomments received by the appropriate DEP RegionalOffice during the 30-day public comment period.

Following the 30-day comment period, the appropriateRegional Office Water Management Program Managerwill make a final determination regarding the proposedpermit. Notice of this determination will be published inthe Pennsylvania Bulletin at which time this determina-tion may be appealed to the Environmental HearingBoard.

The application and related documents, including theerosion and sediment control plan for the earth distur-bance activity, are on file and may be inspected at theoffice identified in this notice.

Persons with a disability that require an auxiliary aid,service or other accommodation to participate during the30-day public comment period should contact the specifiedRegional Office. TDD users may contact the Departmentthrough the Pennsylvania AT&T Relay Service at (800)654-5984.

Southeast Region: Water Management Program Mana-ger, Lee Park, Suite 6010, 555 North Lane, Conshohocken,PA 19428.

NPDES Permit PAS10 D115, Stormwater. JamesNeill, 413 Hill Road, Perkasie, PA 18944 has applied todischarge stormwater associated with a construction ac-tivity located in Buckingham Township, Bucks Countyto Aquetong Creek (HQ-CWF).

NPDES Permit PAS10 PAS10 G454, Stormwater.Rocco D’Antonio, 116 martins Run, Media, PA 19063has applied to discharge stormwater associated with aconstruction activity located in West Brandywine Town-ship, Chester County to West Branch BrandywineCreek (HQ).

NPDES Permit PAS10 G455, Stormwater. AutumnHill Homes, 2 Huntrise Lane, West Chester, PA 19381has applied to discharge stormwater associated with aconstruction activity located in New London Township,Chester County to East Branch Big Elk Creek (HQ-TSF-MF).

NPDES Permit PAS10 J050, Stormwater. Roll Inter-national Corporation, The Franklin Mint, FranklinCenter, PA 19091 has applied to discharge stormwaterassociated with a construction activity located inNewtown Township, Delaware County to Crum Creek(HQ-CWF).

NPDES Permit PAS10 5312, Stormwater. Philadel-phia Authority for Industrial Development, 1413Langley Avenue, quarters A, Philadelphia Naval BusinessCenter, Philadelphia, PA 19112 has applied to dischargestormwater associated with a construction activity locatedin City of Philadelphia, Philadelphia County to Dela-ware River (MF).

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes Barre, PA 18711-0790.

NPDES Permit PAS107420, Stormwater. Wayne County Conservation District, Ag Service Center, 470 SunriseAve., Honesdale, PA 18431, (570) 253-0930.NPDES Applicant Name & County & ReceivingNo. Address Municipality Water/UsePAS107420 Western Wayne School Dist.

Lou Zefran (Super.)Box 500South Canaan, PA 18459

Wayne CountyS. Canaan Township

Delaware RiverHQ-CWF,MF

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

NPDES Permit PAS10 Y071, Stormwater. Freedom Armory, Scott & Janette Morris, 406 N. Main Street,Shrewsbury, PA 17361 has applied to discharge stormwater associated with a construction activity located in SpringfieldTownship, York County to South Branch Codorus Creek (HQ).

York County Conservation District: 118 Pleasant Acres Rd York, PA 17402, (717) 840-7430.NPDES Applicant Name & County & ReceivingNo. Address Municipality Water/UsePAS10Y071 Freedom Armory

Scott & Janette Morris406 N. Main StreetShrewsbury, PA 17361

Springfield TownshipYork County

S. Branch CodorusCreekHQ

NOTICES 849


NPDES Permit PAS10 M108, Stormwater. John Helman, 1115 Sheller Avenue, Chambersburg, PA 17201 has appliedto discharge stormwater associated with a construction activity located in Guilford Township, Adams County to FallingSpring Branch (HQ-CWF).

Adams County Conservation District: 670 Old Harrisburg Road, Suite 201, Gettysburg, PA 17325, (717) 334-0636.NPDES Applicant Name & County & ReceivingNo. Address Municipality Water/UsePAS10M108 John Helman

1115 Sheller AvenueChambersburg, PA 17201

Guilford TownshipAdams County

Falling Spring Branch(HQ-CWF)

SAFE DRINKING WATER

Applications Received Under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1—721.17).

Southeast Region: Water Supply Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken,PA 19428.

Permit No. 0901503, Public Water Supply.Applicant Central Bucks School DistrictTownship PlumsteadResponsible Official Kevin Campbell

Operations Department320 West Swamp RoadDoylestown, PA 18901

Type of Facility Public Water SupplyConsulting Engineer Boucher & James Inc

P. O. Box 904Doylestown, PA 18901

Application Received Date January 22, 2001Description of Action Corrosion Control Treatment

Permit No. 5101501, Public Water Supply.Applicant Philadelphia Water DepartmentCity PhiladelphiaResponsible Official William Wankoff

Manager of Water Treatment1101 Market StreetPhiladelphia, PA 19107

Type of Facility Public Water SupplyConsulting Engineer Hazen and Sawyer PC

1128 Walnut StreetPhiladelphia, PA 19107

Application Received Date January 19, 2001Description of Action PH adjustment at Queen Lane WTP

Permit No. 4601501, Public Water Supply.Applicant Collegeville Trappe Joint Public WorksBorough TrappeResponsible Official Joseph Hastings

Director220 West First AvenueTrappe, PA 19426

Type of Facility Public Water SupplyConsulting Engineer Entech Engineering Inc

4 South Fourth StreetReading, PA 19603

Application Received Date January 25, 2001Description of Action Treatment and pumping facilities at well 6A

850 NOTICES


Northcentral Region: Water Supply Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

Permit No. 0801501, Public Water Supply.Applicant Consumers Pennsylvania Water CompanyBorough Athens Borough, Bradford CountyResponsible Official Richard Subasic, Executive VP/GM

204 E. Sunbury StreetShamokin, PA 17872-4859

Type of Facility Public Water SupplyConsulting Engineer CET Engineering Services

1240 North Mountain RoadHarrisburg, PA 17112

Application Received Date January 9, 2001Description of Action Construction of new Well No. 20 with new chlorination and fluoridation facilities.

Permit No. 1801501, Public Water Supply.Applicant Borough of LogantonBorough Loganton Borough, Clinton CountyResponsible Official Wayne Kocher

210 North Mill Street, P. O. Box 27Loganton, PA 17747

Type of Facility Public Water SupplyConsulting Engineer Kerry A. Uhler, P.E.

Kerry A. Uhler & Associates140 West High StreetBellefonte, PA 16823

Application Received Date January 16, 2001Description of Action Connection of newly drilled Well No. 2 and abandonment of all springs now being uti-

lized. A new transmission line from the wells to the storage tank will be constructed.Chlorination facilities will be re-located to Well No. 1 and the existing chlorination facil-ities will be taken out of service.

Northwest Region: Water Supply Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

Permit No. 4301501, Public Water Supply.Applicant Jamestown Municipal AuthorityTownship or Borough JamestownResponsible Official Albert G. Drake, Chairperson,

Jackson St.,Jamestown, PA 16134

Type of Facility Potable Water SystemConsulting Engineer Joseph P. Pacchioni,

Hickory Engineering, Inc.,3755 East State Street,Hermitage, PA 16148

Application Received Date 01/22/01Description of Action Replacement of the potable water distribution and treatment system; and for the installa-

tion of an above ground storagetank.

Permit No. 2501501, Public Water Supply.Applicant Millcreek Township Water AuthorityTownship or Borough Millcreek TownshipResponsible Official George Riedesel, Manager,

3608 West 26th St.,Erie, PA 16505

Type of Facility Community Water SupplyConsulting Engineer James M. Stahl, P.E., Consoer,

Townsend Envirodyne Engineers, Inc.,155 West 8th St.,Erie, PA 16501

NOTICES 851


Application Received Date 01/22/01Description of Action Permit for existing pumping, storage and distribution facilitities serving southeast

Millcreek.

MINOR AMENDMENT

Applications Received Under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1—721.17)

Southeast Region: Water Supply Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken,PA 19428.

Application No. 0901502, Minor Amendment.Applicant Dublin Borough AuthorityBorough DublinResponsible Official Thomas Supplee

Borough Manager119 Maple AvenueDublin, PA 18917

Type of Facility Public Water SystemConsulting Engineer Cowan Associates Inc

P. O. Box 949Quakertown, PA 18951

Application Received Date January 10, 2001Description of Action Construction of 500,000 gal water storage tank

Northcentral Region: Water Supply Management Program Manager, 208 West Third Street, Williamsport, PA 17701.Application No. 4189514-T1, Minor Amendment.

Applicant Mountain Laurel Mobile Home ParkTownship Armstrong TownshipResponsible Official Kennard P. Camp

P. O. Box 3141Williamsport, PA 17701

Type of Facility Public Water SupplyConsulting Engineer NoneApplication Received Date 11/08/2000Description of Action Transfer of Chad-Lee MHP PWS to Mountain Laurel Mobile Home Park.

Application No. 1772502-T3, Minor Amendment.Applicant Total Environment Solutions Inc.Township Sandy TownshipResponsible Official Paul Maeder

P. O. Box 4037Houma, LA 70361

Type of Facility Public Water SupplyConsulting Engineer NoneApplication Received Date 12/28/2000Description of Action Transfer of existing permits from Riviera Utilities Water Company of PA to Total Envi-

ronmental Solutions Inc.

Application No. MA-T3, Minor Amendment.Applicant Total Environment Solutions Inc.Township Sandy TownshipResponsible Official Paul Maeder




852 NOTICES




















Type of Facility Public Water Supply

NOTICES 853


Consulting Engineer NoneApplication Received Date 12/28/2000Description of Action Transfer of existing permits from Riviera Utilities Water Company of PA to Total Envi-






Southwest Region: Sanitarian Regional Manager, 400 Waterfront Drive, Pittsburgh, Pa 15222-4745, (412) 442-4000.Permit No. 6301501, Public Water Supply.

Applicant Pennsylvania-American Water Company,300 Galley Road,P. O. Box 1290,McMurray, PA 15317

Township Jefferson TownshipResponsible Official William Kelvington, Vice President-

West OperationsType of Facility Quaker Knob Water Storage TankConsulting EngineerApplication Received Date 01/16/01Description of Action Construction of a water storage tank

Permit No. 0201501, Public Water Supply.Applicant Oakmont Borough Municipal Authority,

P. O. Box 73,721 Allegheny Avenue,Oakmont, PA 15139

Township Penn HillsResponsible Official Chester Johnston, Chairperson,

Board of DirectorsType of Facility Hunter Road StandpipeConsulting Engineer NIRA Consulting EngineersApplication Received Date 01/24/01Description of Action Cleaning and painting of the standpipe

LAND RECYCLING ANDENVIRONMENTAL REMEDIATION

UNDER ACT 2, 1995PREAMBLE 1

Acknowledgment of Notices of Intent to RemediateSubmitted Under the Land Recycling and Envi-ronmental Remediation Standards Act (35 P. S.§§ 6026.101—6026.908)

Sections 302—305 of the Land Recycling and Environ-mental Remediation Standards Act (Act) require theDepartment of Environmental Protection (Department) topublish in the Pennsylvania Bulletin an acknowledgmentnoting receipt of any Notices of Intent to Remediate. An

acknowledgment of the receipt of a Notice of Intent toRemediate is used to identify a site where a personproposes to, or has been required to, respond to a releaseof a regulated substance at a site. Persons intending touse the background standard, Statewide health standard,the site-specific standard, or who intend to remediate asite as a special industrial area, must file a Notice ofIntent to Remediate with the Department. A Notice ofIntent to Remediate filed with the Department provides abrief description of the location of the site, a list of knownor suspected contaminants at the site, the proposedremediation measures for the site, and a description ofthe intended future use of the site. A person whodemonstrates attainment of one, or a combination of thecleanup standards, or who receives approval of a specialindustrial area remediation identified under the Act, will

854 NOTICES


be relieved of further liability for the remediation of thesite for any contamination identified in reports submittedto and approved by the Department. Furthermore, theperson shall not be subject to citizen suits or othercontribution actions brought by responsible persons notparticipating in the remediation.

Under Sections 304(n)(1)(ii) and 305(c)(2) of the Act,there is a 30-day public and municipal comment periodfor sites proposed for remediation using a site-specificstandard, in whole or in part, and for sites remediated asa special industrial area. This period begins when asummary of the Notice of Intent to Remediate is pub-lished in a newspaper of general circulation in the area ofthe site. For the sites identified below, proposed forremediation to a site-specific standard or as a specialindustrial area, the municipality, within which the site islocated, may request to be involved in the development ofthe remediation and reuse plans for the site if the requestis made within 30 days of the date specified below.During this comment period the municipality may re-quest that the person identified below, as the remediatorof the site, develop and implement a public involvementplan. Requests to be involved, and comments, should bedirected to the remediator of the site.

For further information concerning the content of aNotice of Intent to Remediate, please contact the Environ-mental Cleanup Program Manager in the Department ofEnvironmental Protection Regional Office under whichthe notice appears. If information concerning this ac-knowledgment is required in an alternative form, contactthe Community Relations Coordinator at the appropriateRegional Office listed. TDD users may telephone theDepartment through the AT&T Relay Service at (800)654-5984.

The Department of Environmental Protection has re-ceived the following Notice(s) of Intent to Remediate:

Southeast Region: Environmental Cleanup ProgramManager, Lee Park, Suite 6010, 555 North Lane,Conshohocken, PA 19428, (610) 832-6000.

Metroplex Shopping Center, Plymouth Township,Montgomery County. Charles J. Cheloti, Pennoni Asso-ciates, Inc., One Drexel Plaza, 3001 Market Street,Philadelphia, PA 19104, on behalf of Metroplex WestAssociates, LP, 350 Sentry Parkway, Blue Bell, PA 19422,has submitted a revised Notice of Intent to Remediatesite soil contaminated with PCB’s, lead, heavy metals,BTEX, petroleum hydrocarbons, polycyclic aromatic hy-drocarbons, solvents, pesticides, asbestos and arsenic andsite groundwater contaminated with lead, BTEX, solventsand asbestos. The applicant proposes to remediate thesite to meet Statewide Health and site-specific standards.A summary of the Notice of Intent to Remediate wasreported to have been published in the Times Herald onJanuary 5, 2001.

Northeast Region: Environmental Cleanup ProgramManager, 2 Public Square, Wilkes Barre, PA 18711-0790.

St. Paul’s Evangelical Lutheran Church, KingstonTownship, Luzerne County. Eric B. Rosina, ProjectManager, Storb Environmental, Inc., 410 N. Easton Road,Willow Grove, PA 19090 has submitted an NIR (on behalfof his client, St. Paul’s Evangelical Lutheran Church, 196N. Main Street, Shavertown, PA 18708) concerning theremediation of site soils found or suspected to have beencontaminated with no. 2 heating oil constituents. Theapplicant proposes to remediate the site to meet theStatewide health standard. A Summary of Notice of

Intent to Remediate was published in The Times Leaderon December 22, 2000. A Final Report was simulta-neously submitted.

Phoebe Floral, Whitehall Township, Lehigh County.Samuel S. Harrison, Hydrogeologist, Harrison Hydro-sciences, 435 Main Street, P. O. Box 908, Saegertown, PA16433 has submitted an NIR (on behalf of his client,Phoebe Floral, Inc. 2102 Hamilton Street, Allentown, PA18104) concerning the remediation of site soils andgroundwater found or suspected to have been contami-nated with no. 2 heating oil constituents. The applicantproposes to remediate the site to meet the Statewidehealth standard. A Summary of Notice of Intent toRemediate was published in The Morning Call on Janu-ary 7, 2001. A Final Report was simultaneously submit-ted.

Northwest Region: Environmental Cleanup ProgramManager, 230 Chestnut Street, Meadville, PA 16335-3481.

Farmers Valley Wax Plant—Areas South of ColeCreek, Keating Township, McKean County. Dayne M.Crowley, P.G., 700 North Bell Ave, Suite 200, Carnegie,PA 15106 on behalf of Farmers Valley Wax Plant hassubmitted a Notice of Intent to Remediate soil andgroundwater contaminated with lead, heavy metals,BTEX, PHCs, PAHs and Solvents. The applicant proposesto remediate the site to meet the Statewide Health andSite Specific Standards. A summary of the Notice ofIntent to Remediate was reported to have been publishedin the Bradford Era on January 29, 2001.

Farmers Valley Wax Plant—Former Flyash Areas,Keating Township, McKean County. Dayne M. Crowley,P.G., 700 North Bell Ave, Suite 200, Carnegie, PA 15106on behalf of Farmers Valley Wax Plant has submitted aNotice of Intent to Remediate soil and groundwatercontaminated with Lead, heavy metals, BTEX, PHCs,PAHs and Solvents. The applicant proposes to remediatethe site to meet the Statewide Health and Site SpecificStandards. A summary of the Notice of Intent to Remedi-ate was reported to have been published in the BradfordEra on January 29, 2001.

AIR QUALITYNOTICE OF PLAN APPROVAL AND OPERATING

PERMIT APPLICATIONS

NONMAJOR SOURCES AND MODIFICATIONS

The Department of Environmental Protection (DEP)has developed an ‘‘integrated’’ plan approval, State Oper-ating Permit and Title V Operating Permit program. Thisintegrated approach is designed to make the permittingprocess more efficient for DEP, the regulated communityand the public. This approach allows the owner oroperator of a facility to complete and submit all thepermitting documents relevant to its application one time,affords an opportunity for public input and provides forsequential issuance of the necessary permits.

Notice is hereby given that DEP has received applica-tions for plan approvals and/or operating permits fromthe following facilities. Although the sources covered bythese applications may be located at a major facility, thesources being installed or modified do not trigger majornew source review or prevention of significant deteriora-tion requirements.

Copies of these applications, subsequently prepareddraft permits, review summaries and other support mate-rials are available for review in the Regional Officeidentified in this notice. Persons interested in reviewing

NOTICES 855


the application files should contact the appropriate Re-gional Office to schedule an appointment.

Persons wishing to receive a copy of the proposed PlanApproval or Operating Permit must indicate their interestto the DEP Regional Office within 30 days of the date ofthis notice, and must file protests or comments on aProposed Plan Approval or Operating Permit within 30days of the DEP providing a copy of the proposeddocument to that person or within 30 days of its publica-tion in the Pennsylvania Bulletin, whichever comes first.Interested persons may also request that a hearing beheld concerning the proposed plan approval and operatingpermit. Any comments or protests filed with DEP Re-gional Offices must include a concise statement of theobjections to the issuance of the plan approval or operat-ing permit and relevant facts, which serve as the basis forthe objections. If DEP schedules a hearing, a notice willbe published in the Pennsylvania Bulletin at least 30days prior the date of the hearing.

Persons with a disability who wish to comment andrequire an auxiliary aid, service or other accommodationto participate should contact the Regional Office identi-fied below. TDD users may contact the Departmentthrough the Pennsylvania AT&T Relay Service at (800)654-5984.

Final plan approvals and operating permits will containterms and conditions to ensure that the source is con-structed and operating in compliance with applicablerequirements in 25 Pa. Code Chapters 121 through 143,the Federal Clean Air Act and regulations adopted underthe Act.

OPERATING PERMITS

Notice of Intent to Issue Title V Operating Permits

Under 25 Pa. Code § 127.521 and § 127.424, the De-partment of Environmental Protection (Department) in-tends to issue a Title V Operating Permit to the followingfacilities. These facilities are major facilities subject tothe operating permit requirements under Title V of theFederal Clean Air Act and 25 Pa. Code Chapter 127,Subchapters F (relating to operating permit require-ments) and G (relating to Title V Operating Permits).

Appointments to review copies of the Title V applica-tion, proposed permit and other relevant informationmust be made by contacting Records Management usingthe appropriate Regional Office telephone number notedbelow. For additional information, contact the appropriateRegional Office noted below.

Interested persons may submit written comments, sug-gestions or objections concerning the proposed Title Vpermit to the Regional Office within 30 days of publica-tion of this notice. Written comments submitted to theDepartment during the 30-day public comment periodshall include the name, address and telephone number ofthe person(s) submitting the comments, along with thereference number of the proposed permit. The commenta-tor should also include a concise statement of any objec-tions to the permit issuance and the relevant facts uponwhich the objections are based.

Persons with a disability who wish to comment andrequire an auxiliary aid, service or other accommodationto participate should contact the Regional Office identi-fied below. TDD users may contact the Departmentthrough the Pennsylvania AT&T Relay Service at (800)654-5984.

The Department reserves the right to hold a publichearing on the proposed action based upon the informa-tion received during the public comment period and willprovide notice of any scheduled public hearing at least 30days in advance of the hearing. The hearing notice will bepublished in the Pennsylvania Bulletin and a newspaperof general circulation where the facility is located.

Southeast Region: Air Quality Program, Lee Park, Suite6010, 555 North Lane, Conshohocken, PA 19428.

09-00015: Rohm and Haas Co. (100 PA Route 413,Bristol, PA 19007) in Bristol Township, Bucks County.The facility’s major emission points include two boilers,two generators and various acrylate polymerization pro-cesses to produce emulsions, plastics, resins and coatingswhich emit major levels of volatile organic compounds(VOCs) and nitrogen oxides (NOx).

Philadelphia Department of Public Health: Air Manage-ment Services, 321 University Ave., Philadelphia, PA19104.

95-008: Exelon Business Services Co. (2610 Colum-bus Boulevard, Philadelphia, PA 19148) administrativeamended on January 4, 2001, to identify a change in thefacility name, owner, facility contact, permit contact, andresponsible official and to correct the renewal applicationfee specified under the general conditions for permitrenewal in their Synthetic Minor Operating Permit origi-nally issued November 8, 2000, in the City of Philadel-phia, Philadelphia County.

95-007: Exelon Generation Co.—Southwark Gener-ating Station (2501 South Delaware Avenue, Philadel-phia, PA 19148) administratively amended on January 25,2001, to identify a change in the facility name and ownerin their Title V Operating Permit originally issued August15, 2000, in the City of Philadelphia, PhiladelphiaCounty.

Applications Received and Intent to Issue Operat-ing Permits Under the Air Pollution Control Act(35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter127, Subchapter F (relating to operating permitrequirements).

Northeast Region: Air Quality Program, 2 PublicSquare, Wilkes Barre, PA 18711-0790.

45-00018: Locust Ridge Quarry (P. O. Box 196, Skip-pack, PA 19474) for a batch asphalt plant and associatedair pollution control device in Tobyhanna Township, Mon-roe County.

39-318-103: Dispensing Containers Corp. (62 An-thony Road, Glen Gardner, NJ 08826) for operation of anaerosol can internal coating operation and associated aircleaning device on 7130 Ambassador Drive in UpperMacungie Township, Lehigh County.

35-318-069A: Gentex Corp. (P. O. Box 315,Carbondale, PA 18407) for operation of the Zimmer Line(surface coating) in Archbald Borough, LackawannaCounty.

Southcentral Region: Air Quality Program, 909Elmerton Avenue, Harrisburg, PA 17110.

21-05010: Reliant Energy Mid-Atlantic PowerHoldings, LLC (1001 Broad Street, Johnston, PA 19907)for a Synthetic Minor Operating Permit for operation oftwo simple cycle electrical generation turbines in SouthMiddleton Township, Cumberland County.

856 NOTICES


22-05045: The Harrisburg Authority (One KeystonePlaza, Suite 104, Front and Market Streets, Harrisburg,PA 17101) for a Synthetic Minor Operating Permit for itsadvanced wastewater treatment facility in Swatara Town-ship, Dauphin County.

36-05115: MGS, Inc. (178 Muddy Creek Church Road,Denver, PA 17517) for a Synthetic Minor OperatingPermit for its surface coating and curing operations inEast Cocalico Township, Lancaster County.

PLAN APPROVALS

Applications Received and Intent to Issue PlanApprovals Under the Air Pollution Control Act (35P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127,Subchapter B (relating to plan approval require-ments).


39-318-107: Hale Trailer Brake and Wheel, Inc.(5361 Oakview Drive, P. O. Box 3305, Allentown, PA18106) for construction of an automotive paint spraybooth and associated air cleaning device in UpperMacungie Township, Lehigh County.

48-318-131: Victaulic Co. of America (1326 TatamyRoad, Easton, PA 18042) for two coating spray booths andassociated air cleaning devices in Palmer Township,Northampton County.

48-328-005A: Reliant Energy Portland LLC—Portland Station (1001 Broad Street, Johnstown, PA115907-1050) for a Prevention of Significant Deterioration(PSD) project for construction of two combined cycleturbines and associated air cleaning devices in Upper Mt.Bethel Township, Northampton County.

40-305-021: Northampton Fuel Supply Co., Inc. (1Horwith Drive, Northampton, PA 18067) for constructionof an anthracite culm processing plant and associated aircleaning device in Hanover Township, Luzerne County.

54-313-082: Air Products and Chemicals, Inc. (7201Hamilton Boulevard, Allentown, PA 18195) for construc-tion of a nitrogen tri-fluoride plant in Rush Township,Schuylkill County.

39-312-045: Buckeye Terminals LLC (Buckeye Pipe-line Co., 5198 Buckeye Road, Emmaus, PA 18049) forreactivation of Storage Tank #401 with internal floatingroof in Lower Macungie Township, Lehigh County.


21-03051: Valley Quarries, Inc. (P. O. Box J,Chambersburg, PA 17201) for installation of two crushersand associated conveyors at the Mount Cydonia Plant IIIsand and gravel plant in Southampton Township, Cum-berland County. Sources at the plant are subject to 40CFR 60, Subpart OOO—Standards of Performance forNon-Metallic Mineral Processing Plants.

21-05064A: Atlas Roofing Corp. (802 Highway 19North, Suite 190, Meridian, MS 39307) for modification ofthe insulated foam board manufacturing operation byconverting to a different blowing agent (i.e., pentane) inCamp Hill Borough (817 Spangler Road), CumberlandCounty. The volatile organic compound (VOC) emissionsfrom the proposed operation will be limited to less than50 tons per year.

22-05007: The Harrisburg Authority (1670 South19th Street, Harrisburg, PA 17104) for modification of the

Harrisburg Materials, Energy, Recycling and RecoveryFacility to limit each of the two combustors to less than250 tons per day of municipal waste in the City ofHarrisburg, Dauphin County.

36-05115: MGS, Inc. (178 Muddy Creek Church Road,Denver, PA 17517) for construction of an in-line surfacecoating and curing system in East Cocalico Township,Lancaster County.

67-03100: Iris Energy LLC (100 Nyala Farm,Westport, CT 06880) for construction of a facility tomanufacture synthetic fuel at Brunner Island PowerPlant in East Manchester Township, York County. Thefacility is subject to 40 CFR Part 60, Subpart Kb,Standards of Performance for Volatile Organic LiquidStorage Vessels.

Northcentral Region: Air Quality Program, 208 WestThird Street, Williamsport, PA 17701.

19-303-004C: HRI, Inc. (P. O. Box 155, State College,PA 16804-0155) for modification of a batch asphalt plantand associated air cleaning device (a fabric collector) toburn reprocessed oil as fuel in place of Virgin # 2 Fuel Oilin Hemlock Township, Columbia County. This plant issubject to Subpart I of the Federal Standards of Perfor-mance for New Stationary Sources.

Southwest Region: Air Quality Program, 400 WaterfrontDrive, Pittsburgh, PA 15222.

04-00439B: Arrow Terminals L.P. (2701 Midland-Beaver Road, Industry, PA 15052) for operation of aScreening Plant at Industry Terminal Lot # 1 in IndustryBorough, Beaver County.

MINING ACTIVITY APPLICATIONS

Applications under the Surface Mining Conservationand Reclamation Act (52 P. S. §§ 1396.1—1396.19a); theNoncoal Surface Mining Conservation and ReclamationAct (52 P. S. §§ 3301—3326); The Clean Streams Law (35P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Con-trol Act (52 P. S. §§ 30.51—30.66); The Bituminous MineSubsidence and Land Conservation Act (52 P. S.§§ 1406.1—1406.21). Mining activity permits issued inresponse to such applications will also address the appli-cable permitting requirements of the following statutes:the Air Pollution Control Act (35 P. S. §§ 4001—4015);the Dam Safety and Encroachments Act (32 P. S.§§ 693.1—693.27); and the Solid Waste Management Act(35 P. S. §§ 6018.101—6018.1003).

The following permit applications to conduct miningactivities have been received by the Department of Envi-ronmental Protection (Department). A copy of the applica-tion is available for inspection at the District MiningOffice indicated above each application. Where a 401Water Quality Certification is needed for any aspect of aparticular proposed mining activity, the submittal of thepermit application will serve as the request for suchcertification.

Written comments or objections, or requests for infor-mal conferences on applications, may be submitted by anyperson or any officer or head of any Federal, State orlocal government agency or authority to the Departmentat the same address within 30 days of this publication, orwithin 30 days after the last publication of the applicant’s

NOTICES 857


newspaper advertisement, as provided by 25 Pa. Code§§ 77.121—123 and 86.31—34 (relating to public noticesof filing of permit applications, opportunity for comment,and informal conferences).

Where any of the mining activities listed below willhave discharges of wastewater to streams, the Depart-ment will incorporate NPDES permits into the miningactivity permits issued in response to these applications.The NPDES permits will contain, at a minimum,technology-based effluent limitations (as described in theDepartment’s regulations—25 Pa. Code §§ 77.522, 87.102,88.92, 88.187, 88.242, 89.52, and 90.102) for iron, manga-nese, suspended solids, settleable solids, alkalinity, andpH. In addition to the above, more restrictive effluentlimitations, restrictions on discharge volume, or restric-tions on the extent of mining which may occur will beincorporated into a mining activity permit, when neces-sary, for compliance with water quality standards (inaccordance with 25 Pa. Code Chapters 93 and 95). Per-sons or agencies which have requested review of theNPDES permit requirements for a particular miningactivity within the above-mentioned public comment pe-riod will be provided with a 30-day period to review andsubmit comments on those requirements.

Written comments or objections should contain thename, address and telephone number of persons submit-ting comments or objections; application number; and astatement of sufficient detail to inform the Departmenton the basis of comment or objection and relevant factsupon which it is based. Requests for an informal confer-ence must contain the name, address and telephonenumber of requestor; application number; a brief sum-mary of the issues to be raised by the requestor at theconference; and a statement whether the requestor de-sires to have the conference conducted in the locality ofthe proposed mining activities.

Coal Applications Received

Pottsville District Mining Office: 5 West Laurel Boule-vard, Pottsville, PA 17901-2454.

54841303R3. Tito Coal, (118 Fairview Lane, Wil-liamstown, PA 17098), renewal of an existing anthraciteunderground mine operation in Porter Township, Schuyl-kill County affecting 5.7 acres, receiving stream—EastBranch Rausch Creek. Application received January 22,2001.

54851305R3. D & F Deep Mine Coal Co., (R. R. 1Box 33A, Klingerstown, PA 17941), renewal and correc-tion of an anthracite deep mine operation in Cass Town-ship, Schuylkill County affecting 1.1 acres, receivingstream—West Branch Schuylkill River. Application re-ceived January 25, 2001.

Greensburg District Mining Office: Armbrust Building,R. R. 2 Box 603-C, Greensburg, PA 15601-0982.

63990103. David Breeden Enterprises, Inc. (P. O.Box 89, 151 West Fourth Avenue, Tarentum, PA 15084-0089). Application received to transfer permit from Twi-light Industries, A Division of U. S. Natural Resources,Inc., for a bituminous surface mine located in SomersetTownship, Washington County, affecting 287.1 acres.Receiving streams: unnamed tributaries to Center Branchof Pigeon Creek, Center Branch of Pigeon Creek, PigeonCreek, Monongahela River. Application received January16, 2001.

65010101. M. B. Energy, Inc. (175 McKnight Road,Blairvsille, PA 15717). Application received for commence-ment, operation, and reclamation of a bituminous surface

mine located in Derry Township, WestmorelandCounty, affecting 197 acres. Receiving streams: unnamedtributary of Miller Run to Miller Run and unnamedtributary to Saxman Run to Loyalhanna Creek toConemaugh River. Application received January 22, 2001.

02000902. Gary Gioia Coal Company (319 KarenDrive, Elizabeth, PA 15037). Application received forcommencement, operation, and reclamation of an inciden-tal coal extraction surface mining site located in ForwardTownship, Allegheny County, affecting 3.9 acres. Re-ceiving streams: unnamed tributaries to MonongahelaRiver, unnamed tributary to Fallen Timber Run toMonongahela River. Application received January 5, 2001.

26010101. Amerikohl Mining, Inc. (202 Sunset Drive,Butler, PA 16001). Application received for commence-ment, operation, and reclamation of a bituminous surfacemine located in Saltlick and Bullskin Townships, FayetteCounty, proposed to affect 75 acres. Receiving streams:unnamed tributaries to Newmyer Run to Poplar Run toIndian Creek & unnamed tributaries to Little ChampionCreek to Champion Creek to Indian Creek & unnamedtributaries to Mounts Creek all to Youghiogheny River.Application received January 19, 2001.

02010101. Olszewski Contracting Co., Inc. (177Route 30 West, Imperial, PA 15127). Application receivedfor commencement, operation, and reclamation of a bitu-minous surface mine located in Findley Township, Alle-gheny County, proposed to affect 63 acres. Receivingstreams: unnamed tributary to N. Fork Montour Run toMontour Run to Ohio River. Application received January22, 2001.

Cambria District Mining Office: 286 Industrial ParkRoad, Ebensburg, PA 15931.

32010101, Opal Industries, Inc. (P. O. Box 980,Latrobe, PA 15650), commencement, operation and resto-ration of bituminous surface mine in Conemaugh Town-ship, Indiana County, affecting 77.0 acres, receivingstream unnamed tributary to Kiskiminetas River andunnamed tributary to Blacklegs Creek. Application re-ceived January 18, 2001.

McMurray District Mining Office: 3913 WashingtonRoad, McMurray, PA 15317.

32841602. Mears Enterprises, Inc., (P. O. Box 157,Clymer, PA 15728), to renew the permit for the ClymerTipple in Cherryhill Township, Indiana County to renewthe existing permit for the Clymer Tipple, no additionaldischarges. Application received December 7, 2000.

30841317. Consol PA Coal Co., (P. O. Box 355, Group1, Eighty Four, PA 15330), to revise the permit for theEnlow Fork Mine in East and West Finley Townships,Washington County to install air shaft F-7, add 29.15surface acres, tributary to Templeton Fork. Applicationreceived December 11, 2000.

03901302. TJS Mining, Inc., (R. D. #1, Box 260D,Shelocta, PA 15774), to renew the permit for the TJS No.1 Deep Mine in South Bend Township, ArmstrongCounty to renew the existing deep mine permit, noadditional discharges. Application received December 11,2000.

30841307. RAG Emerald Resources, L.P., (P. O. Box1020, 158 Portal Road, Waynesburg, PA 15370), to revisethe permit for the Emerald Mine No. in Franklin Town-ship, Greene County to add 3,817 acres undergroundand 3,967 acres to Subsidence Control Plan, no additionaldischarges. Application received December 22, 2000.

858 NOTICES


03871302. DLR Mining, Inc., (3065 Airport Rd., Indi-ana, PA 15701), to revise the permit for the Triple K # 1Mine in Burrell Township, Armstrong County to add115 acres to the underground permit area and thesubsidence boundary, no additional discharges. Applica-tion received December 28, 2000.

11743703. RNS Services, Inc., (7 Riverside Plaza,P. O. Box 38, Blossburg, PA 16912), to renew the permitfor the Lancashire No. 25 in West Carroll and BarrTownships, Cambria County to renew permit, no addi-tional discharges. Application received December 26,2000.

30841307. RAG Emerald Resources, L.P., (P. O. Box1020, 158 Portal Road, Waynesburg, PA 15370), to renewthe permit for the Emerald Mine No. 1 in FranklinTownship, Greene County to renew permit, no addi-tional discharges. Application received January 9, 2001.

Knox District Mining Office: White Memorial Building,P. O. Box 669, Knox, PA 16232-0669.

24010101. Energy Resources, Inc. (P. O. Box 259,Brockway, PA 15824). Commencement, operation, andrestoration of a bituminous surface strip and augeroperation in Horton Township, Elk County affecting264.3 acres. Receiving streams: Unnamed tributaries ofMead Run to Mead Run. Application received January 17,2001.

33930101. P. and N. Coal Co., Inc. (P. O. Box 332,Punxsutawney, PA 15767). Renewal of an existing bitumi-nous surface strip and auger operation in Gaskill andHenderson Townships, Jefferson County affecting 151.1acres. Receiving streams: Unnamed tributaries to EastBranch Mahoning Creek. Application received January22, 2001.

33850106. P. and N. Coal Co., Inc. (P. O. Box 332,Punxsutawney, PA 15767). Renewal of an existing bitumi-nous surface strip and auger operation in Gaskill Town-ship, Jefferson County affecting 369.0 acres. Receivingstreams: Unnamed tributaries to Clover Run. Applicationreceived January 22, 2001.

24890108. Energy Resources, Inc. (P. O. Box 259,Brockway, PA 15824). Renewal of an existing bituminous,auger, and use of co-product operation in Horton Town-ship, Elk County affecting 695.0 acres. Receivingstreams: Three unnamed tributaries of Mead Run andMead Run. Application for reclamation only. Applicationreceived January 25, 2001.

33940105. Original Fuels, Inc. (P. O. Box 343,Punxsutawney, PA 15767). Renewal of an existing bitumi-nous surface strip operation in Pinecreek Township, Jef-ferson County affecting 118.1 acres. Receiving streams:Two unnamed tributaries to Five Mile Run. Applicationreceived January 26, 2001.Noncoal Applications Received


4873SM10A2C5. Codorus Stone & Supply Co., Inc.,(135 Mundis Race Road, York, PA 17402), renewal andcorrection of NPDES Permit #PA0595284 in ManchesterTownship, York County, receiving stream—CodorusCreek. Application received January 18, 2001.


37950304. Glacial Sand & Gravel Company (P. O.Box 1022, Kittanning, PA 16201). Renewal of an existingsand, gravel, and topsoil operation in Plain Grove, Scott,

and Worth Townships, Lawrence and Butler Countiesaffecting 199.3 acres. Receiving streams: Slippery RockCreek. Renewal of NPDES Permit No.PA0227145. Appli-cation received January 24, 2001.Noncoal Applicatioins Returned


25000301. Erie Aggregates, Inc. (P. O. Box 10801,Erie, PA 16514-0801) Commencement, operation and res-toration of a sand and gravel operation in WashingtonTownship, Erie County affecting 55.3 acres. Receivingstreams: Unnamed tributary to Conneauttee Creek. Ap-plication received: February 29, 2000. Permit ReturnedJanuary 24, 2001.

FEDERAL WATER POLLUTION CONTROLACT, SECTION 401

The following permit applications and requests forEnvironmental Assessment approval and requests forWater Quality Certification have been received by theDepartment of Environmental Protection (Department).Section 401 of the Federal Water Pollution Control Act(FWPCA) (33 U.S.C.A. § 1341(a)), requires the State tocertify that the involved projects will not violate theapplicable provisions of Sections 301—303, 306 and 307 ofthe FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317)as well as relevant State requirements. Initial requestsfor 401 Water Quality Certification will be publishedconcurrently with the permit application. Persons object-ing to approval of a request for certification under Section401 or to the issuance of a Dam Permit or WaterObstruction and Encroachment Permit, or the approval ofan Environmental Assessment must submit any com-ments, suggestions or objections within 30 days of thedate of this notice as well as any questions to the officenoted above the application. Comments should containthe name, address and telephone number of the personcommenting, identification of the certification request towhich the comments or objections are addressed, and aconcise statement of comments, objections or suggestionsincluding the relevant facts upon which they are based.

The Department may conduct a fact-finding hearing oran informal conference in response to comments ifdeemed necessary. Each individual will be notified, inwriting, of the time and place of a scheduled hearing orconference concerning the certification request to whichthe comment, objection or suggestion relates. Maps, draw-ings and other data pertinent to the certification requestare available for inspection between the hours of 8 a.m.and 4 p.m. on each working day at the office noted abovethe application.

Persons with a disability who wish to attend thehearing and require an auxiliary aid, service or otheraccommodation to participate in the proceedings shouldcontact the specified program. TDD users may contact theDepartment through the Pennsylvania AT&T Relay Ser-vice at (800) 654-5984.

Applications Received Under the Dam Safety andEncroachments Act (32 P. S. §§ 693.1—693.27) andSection 302 of the Flood Plain Management Act(32 P. S. § 679.302) and Requests for Certificationunder Section 401 of the Federal Water PollutionControl Act (33 U.S.C.A. § 1341(a)).

WATER OBSTRUCTIONS & ENCROACHMENTSSoutheast Region: Water Management Program Man-

ager, Lee Park, Suite 6010, 555 North Lane, Consho-hocken, PA 19428.

NOTICES 859


E23-409. Paper Mill Holding Company, Ltd. 110Gallagher Road, Wayne, PA 19087. Newtown Township,Delaware County, ACOE Philadelphia District.

To maintain fill which was placed in approximately 800linear feet of an unnamed tributary to Hunters Run(CWF) and 0.06 acre of adjacent wetlands (PEM) by theprevious land owner. The application also includes aproposal to remove fill and restore 0.21 acre of wetland(PEM) and mitigate 0.07 acre of wetland (PEM). The siteis located along the western side of Newtown Road (SR0252) approximately 500 feet north of the intersection ofGradyville Road (SR 1048) and Newtown Road (Media,PA Quadrangle N: 18.05 inches; W: 3.3 inches).

E46-633. Washington Street Associates II, L.P., 700South Henderson Road, King of Prussia, PA 19406.Conshohocken Borough, Montgomery County, Philadel-phia ACOE.

To amend permit E46-633 to include the followingconstruction activities associated with the proposed Mil-lennium Institute for Corporate Excellence Project, amixed use residential/commercial development and water-front open space development along approximately 1,400linear feet of the Schuylkill River (WWF-MF) and withinthe 100 year floodway.

1. To remove a 14,000 square foot wooden deck associ-ated with the an existing floating restaurant barge, andto construct and maintain 274 linear feet of 36-inch RCPenclosure, appurtenant fill and endwall in and along aremnant section of the abandoned Schuylkill Canal.

2. To construct and maintain a public open space areawhich will include a 1,360 linear-foot extension of theConshohocken River Walk Public Trail System, an iceskating rink, public promenade area, 90 linear feet ofconcrete stairway access to the river, benches, landscapemaze, formal garden with fountain, and a basketballcourt.

3. To construct and maintain approximately 1,360 lin-ear feet of soldier pile bulkhead wall along the bank ofthe Schuylkill River.

4. To install and maintain two 36-inch CMP stormwater outfall structures, which will extend through theproposed soldier pile bulkhead wall.

5. To perform grading within the 100-year floodwayassociated with the construction of parking areas.

6. To construct and maintain a 25-foot wide boat rampalong the Schuylkill River at the terminus of CherryStreet.

This project is located approximately 1900 feet down-stream of the Fayette Street Bridge, and is bounded byAsh Street, Washington Street, and Cherry Street (Nor-ristown, PA Quadrangle N: 13.0 inches; W: 7.25 inches).

E46-884. Springford Country Club, Country ClubRoad, Royersford, PA 19468. Limerick Township, Mont-gomery County, ACOE Philadelphia District.

To perform the following activities associated with therestoration of the Spring Ford Country Club Reservoir:

1. To construct and maintain a forebay area where thecreek enters the reservoir by installing an approximately6-foot high gabion wall.

2. To install and maintain an approximately 3-foot highgabion wall associated with stabilization of the existingeroded banks along portion of the west shoreline.

This work also includes the removal of the accumulatedsediment from the reservoir located within unnamed

tributary to Mingo Creek (WWF) in order to maintain theoriginal impoundment capacity of the reservoir. The appli-cant also proposes to remove the former footbridge foun-dation pilings from the middle of the reservoir. The site islocated approximately 1,500 feet northeast of the intersec-tion of Royersford Road and Reifsnyder Road (Phoenix-ville, PA USGS Quadrangle N: 13.8 inches; W: 4.4inches).

E51-187. City Of Philadelphia, The ARAMARKTower, 1101 Market Street, Philadelphia, PA 19107-2994.City of Philadelphia, Philadelphia County, PhiladelphiaACOE.

To modify and maintain an existing Dobson’s Runstormwater conduit by constructing a storm water outfallstructure along the Schuylkill River (WWF-MF) nearLaurel Hill Cemetery and CSX Railroad Bridge in thecity’s East Fall Section, (Germantown-PA USGS Quad-rangle, N: 4.25-inches; W: 3.75-inches).

Southcentral Region: Water Management Program Man-ager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717)705-4700.

E06-548. Sunday Farms, 102 Main Street,Stockertown, PA 18083 in Maxatawny Township, BerksCounty, ACOE Baltimore District, (Kutztown, PA Quad-rangle N: 0.06 inch; W: 10.8 inches and N: 0.5 inch;W: 10.9 inches).

To construct and maintain two stream crossings, eachcrossing is composed of four 30-inch diameter smoothlined corrugated polyethylene pipe (SLCPP) at the chan-nel of an unnamed tributary to Mill Creek (TSF) to accesstwo residential lots at Sunday Farms located at the southside of Long Lane about 300 feet west of the Long Laneand Mill Creek Road intersection.

E36-702. Mark Burkhead, PennDOT 8-0, 2140 HerrStreet, Harrisburg, PA 17103 in Clay and West CocalicoTownships, Lancaster County, ACOE Baltimore Dis-trict, (Womelsdorf, PA Quadrangle N: 6.5 inches; W: 7.0inches).

To (1) replace and to construct and maintain ninecorrugated metal pipes along SR 0897, (2) place wingwallrock protection and inlet/outlet maintenance to existingstructure curb, headwalls and wingwalls across unnamedtributaries to Cocalico Creek located at the intersection ofSR 0897 and SR 272 north to the county line on SR 0897at various points.

E67-695. Mark Burkhead, PennDOT 8-0, 2140 HerrStreet, Harrisburg, PA 17103 in West Manchester andDover Townships, York County, ACOE Baltimore Dis-trict, (West York , PA Quadrangle N: 12.4 inches; W: 11.0inches; and N: 12.8 inches; W: 10.9 inches respectively).

To (1) remove an existing culvert and to construct andmaintain a 54-foot long reinforced concrete box culverthaving a span of 7.0 feet and a rise of 5.0 feet in HoneyCreek (TSF) on Emigs Mill Road (SR 4003); (2) extend anexisting single span bridge having a clear span of 22.25feet and an underclearance of about 9.0 feet over HoneyCreek by 11.0 feet at its inlet on the south side of EastBerlin Road (SR 0234); (3) place R-5 riprap revetment atthe bridge’s inlet abutment walls; and, (4) construct atemporary stream diversion and sandbag cofferdam tofacilitate the construction of the culvert and bridge forthe purpose of handling the increased traffic from theWest Manchester Corporate Center located near theintersection of SR 4003 and SR 0234.

E44-105. Derry Township Sanitary Sewer Author-ity, P. O. Box N, Yeagertown, PA 17099 in Derry Town-

860 NOTICES


ship, Mifflin County, ACOE Baltimore District,(Lewistown, PA Quadrangle N: 20.93 inches; W: 10.33inches).

To construct and maintain a 15-inch diameter PVCsanitary sewer pipe across and unnamed tributary toKishacoquiillas Creek (160 foot) and 0.10 acre of associ-ated wetlands in conjunction with the construction of theLewistown Bypass SR 0322 located about 100 feet southof Station 225+10, SR 0322 E.B.

E34-099. Earl Lear, R. R. 1 Box 38, East Waterford,PA 17021 in Lack Township, Juniata County, ACOEBaltimore District, (Blairs Mills, PA Quadrangle N: 19.5inches; W: 4.25 inches).

To construct and maintain a bridge having a span of 50feet and an underclearance of 6 feet across the channel ofLick Run (CWF) at a point approximately 2,500 feetupstream of SR 3020 for the purpose of providing accessto an existing home.

E07-341. P. Joseph Lehman, Holliday Hills, 316Newry Street, Hollidaysburg, PA 16648 in HollidaysburgBorough, Blair County, ACOE Baltimore District, (Hol-lidaysburg, PA Quadrangle N: 8.8 inches; W: 5.3 inches).

To place fill in 0.04 acre of wetlands adjacent to atributary to the Beaverdam Branch of the Juniata Riverat a point approximately 5,200 feet upstream of Route 36for the purpose of constructing a residential subdivision.


E08-367. Steven Morris, Endless Mountains Energy,LLC, 111 Market Place, Suite 200, Baltimore, Maryland21202-7110, Endless Mountain Energy Project, in WysoxTownship, Bradford County, ACOE Baltimore District(Towanda, PA Quadrangle N: 2.0 inches; W: 6.94 inches).

To construct and maintain a river water intake struc-ture consisting of two 84 inch long by 30 inch diameterwedge-wire stainless steel intake screens which will bemounted on a manifold which projects up from theriverbed and to construct and maintain approximately170 lineal feet of 24 inch diameter pipeline which willextend from the intake structure to a pump stationlocated on the eastern bank of the Susquehanna Riverand to construct and maintain a submerged single-port 8inch diameter Tideflex effluent diffuser located approxi-mately 160 feet offshore of the east bank of theSusquehanna River.

The centroid of the project is located approximately2,000 feet south-southeast of the intersection of Route 6with Leisure Road (Towanda, PA Quadrangle N: 1.4inches; W: 7.62 inches) in Wysox Township, BradfordCounty). The project will not impact wetlands whileimpacting approximately 320 feet of waterway. TheSusquehanna River is a warm water fisheries stream.

E14-385. Craig W. and Kathleen Kissell, 311 Route322, Nittany Meadow Lane, Boalsburg, PA 166827. Kis-sell Subdivision, Phase II, in Harris Township, CentreCounty, ACOE Baltimore District (State College, PAQuadrangle N: 5.6 inches; W: 0.5 inch).

To construct and maintain 13-foot by 3-foot low profilealuminum box culvert in Spring Creek with the associ-ated 1.23 feet of rock fill over the culvert located 2,500feet east-northeast of the Elks Club Road and SR 322intersection. The project proposes to permanently impact150 feet of Spring Creek, which is classified as a HighQuality—Cold Water Fishery.

E14-386. Jay A. Maneval, Pennsylvania Departmentof Environmental Protection, Northcentral Regional Of-fice, 208 West Third Street, Williamsport, PA 17701-6448.Brian Futhey Agricultural Crossings, in Haines Township,Centre County, ACOE Baltimore District (Millheim, PAQuadrangle N: 2.7 inches; W: 2.6 inches).

To construct and maintain three agricultural streamcrossings across an unnamed tributary to Pine Creek 1.1miles south of the Village of Fiedler on Quarry Road. Theproject will not impact on wetlands while impactingapproximately 50 feet of waterway. The unnamed tribu-tary to Pine Creek is an Exception Value Stream.

E41-476. Carole Curry, 3406 Holyoke Road, Philadel-phia, PA 19114. Carole Curry Culvert, in Plunketts CreekTownship, Lycoming County, ACOE Baltimore District(Barbours, PA Quadrangle N: 11.26 inches; W: 2.84inches).

To maintain three existing metal plate pipe drivewayculverts, two at 96 inches nominal diameter and one at48 inches nominal diameter in Plunketts Creek off MockRun Road approximately 400 feet from the intersection ofMock Run Road with SR 1005 in Plunketts Creek Town-ship, Lycoming County. This project does not impactwetlands while impacting approximately 30 feet of water-way. Plunketts Creek is a High Quality—Cold Waterfisheries stream.

Southwest Region: Water Management Program Man-ager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

E03-394. Pennsylvania Department of Transporta-tion, Engineering District 10-0, P. O. Box 429, Indiana,PA 15701-0429. Pennsylvania Department of Transporta-tion Bridge on SR2051, Section 150, in KiskiminitasTownship, Armstrong County, ACOE Pittsburgh Dis-trict, (Avonmore, PA Quadrangle N: 7.1 inches; W: 16.2inches).

To remove the existing structure and to construct andmaintain a precast concrete box culvert having a clearnormal span of 12.0 feet and an underclearance of 7.0 feetin Flat Run (WWF). The invert of the culvert will bedepressed 1.0 feet. The project is located on SR 2051approximately 100 feet northwest of its intersection withSR 2047.

E56-302. Stonycreek Township, 120 Municipal Road,Friedens, PA 15541-6414. Stonycreek Township T-542Over Boone Run, in Stonycreek Township, SomersetCounty, ACOE Pittsburgh District, (Central City, PAQuadrangle N: 1.7 inches; W: 14.9 inches).

To remove the existing structure and to construct andmaintain a reinforced concrete box culvert having anormal clear span of 20.0 feet and an underclearance of12.0 feet in Boone Run (CWF). The invert of the culvertwill be depressed 5.0 feet below the streambed. Theproject is located on Lake Shortcut Road (Township RoadT-542) near its intersection with S. R. 0160.

E02-1333. Allegheny County Department of PublicWorks, Room 501, County Office Building, Pittsburgh, PA15219-5386. South Park Channel Relocation Project inSouth Park Township, Allegheny County, ACOE Pitts-burgh District (Bridgeville, PA Quadrangle N: 14.0inches, W: 2.8 inches).

To relocate and maintain approximately 1,700 feet ofthe channel of Catfish Run, to construct and maintain acorrugated metal arch culvert having a span of 10.0 feetwith an underclearance of 4.4 feet approximately 280 feetin length and to construct and maintain a 100 foot longextension to the existing 60 inch diameter culvert. The

NOTICES 861


extension will consist of a 78 inch diameter culvert. Thepurpose of this project is to protect Corrigan Drive fromstream bank erosion and to conduct improvements alongCorrigan Drive and the entrance to South Park locatedjust south of the intersection of Corrigan Drive andLibrary Road.

E02-993. Town of McCandless, 9955 Grubbs Road,Wexford, PA 15090. Early Drive Wetland Fill in McCand-less Township, Allegheny County, ACOE PittsburghDistrict (Emsworth, PA Quadrangle N: 17.0 inches;W: 3.5 inches).

To reissue, amend and extend the time on Permit No.E02-933 to place and maintain fill in approximately 0.11acre of additional wetlands (PEM/PSS), to restore andmaintain approximately 0.24 acre of wetlands (PSS) toconstruct and maintain a 24 inch diameter outfall struc-ture along the banks of Pine Creek (CWF), to constructand maintain 0.35 acre of replacement wetlands (PSS)and to place and maintain fill in the floodplain of saidstream for the purpose of constructing an access road(Early Drive) located on the north side of Blazier Drive,just north from the intersection of Blazier Drive andIngomar Road. The restored and replaced wetlands willcompensate for unauthorized wetland fill placed by previ-ous owner.

E02-1334. Nebo Group, L.P., 241 Emmette Road,Wexford, PA 15090. Northridge Plan of Lots Developmentin Ohio Township, Allegheny County, ACOE PittsburghDistrict (Emsworth, PA Quadrangle N: 8.74 inches;W: 13.41 inches).

To place and maintain fill in approximately 0.12 acre ofwetlands (PEM) adjacent to an unnamed tributary toBear Run (TSF) for the purpose of constructing theNorthridge Plan of Lots located approximately 2,500 feetsoutheast from the intersection of Mt. Nebo Road andRoosevelt Road. The applicant proposes to contribute tothe Wetland Replacement Fund.

Northwest Region: Water Management Program Man-ager, 230 Chestnut Street, Meadville, PA 16335-3481, (814)332-6942.

E10-324, Costco Wholesale, 46000 Manekin Plaza,Sterling, VA 20166. Costco Wholesale, in Cranberry Town-ship, Butler County, ACOE Pittsburgh District (Mars,PA Quadrangle N: 12.0 inches; W: 15.0 inches).

To fill a total of 0.149 acre of two wetland areas (PEM)for construction of a wholesale/retail warehouse facilityand gas station at the northeast corner of the intersectionof Executive Drive and Cranberry Square Drive. Thisproject proposes contribution to the PennsylvaniaWetland Replacement Fund for replacement of impactedwetlands.

E10-325, Bernard C. McKruit, 347 Edgewood Drive,Cabot, PA 16023. McKruit Bridge, in Jefferson Township,Butler County, ACOE Pittsburgh District (Saxonburg,PA Quadrangle N: 6.0 inches; W: 12.2 inches).

To operate and maintain a steel beam bridge having aclear span of 21.5 feet and an underclearance of approxi-mately 7 feet across Thorn Creek on a private drivewayextending east from S. R. 2010 approximately 0.5 milenorth of Jefferson Center.

E20-491, Allegheny Highlands Pulling Association,Inc., 3208 Old Route 322, Cochranton, PA 16314. AHPAPoker Run Trails, in East Fairfield, Fairfield, and WayneTownships, Crawford County, ACOE Pittsburgh District

To construct and maintain bridges and culverts acrossvarious streams and any adjoining wetland areas for useby ATVs and motorcycles on trails associated with theannual Poker Run event.

E20-495, Wesbury United Methodist RetirementCommunity, 31 North Park Avenue, Meadville, PA16335. Wesbury United Methodist Retirement Commu-nity Expansion Project, in the City of Meadville,Crawford County, ACOE Pittsburgh District (Meadville,PA Quadrangle N: 7.4 inches; W: 2.2 inches).

To impact a total of 0.592 acre of wetland (0.488 acre ofdirect impact and 0.104 acre of secondary impact) associ-ated with construction of Wesbury United MethodistRetirement Community located between Park Avenue andS. R. 86 (North Main Street Extension) approximately 1.7miles north of S. R. 27.

E25-628, Lake Erie Arboretum at Frontier Park(LEAF), 1650 Norcross Road, Erie, PA 16510-3865. Fron-tier Park Trail Bridges Across West Branch CascadeCreek, in City of Erie, Erie County, ACOE PittsburghDistrict (Erie South, PA Quadrangle N: 21.2 inches;W: 15.8 inches).

To conduct the following activities across/along WestBranch Cascade Creek at the City of Erie’s Frontier Parklocated west of the Bayfront Highway north of West 8thStreet:

1. Remove an existing bridge and to construct andmaintain a pre-fabricated steel beam bridge having aspan of 40 feet and an underclearance of 6.4 feet locatedapproximately 850 feet upstream of the Bayfront High-way.

2. Construct and maintain a pre-fabricated steel beambridge having a span of 40 feet and an underclearance of8 feet located approximately 130 feet upstream of theBayfront Highway.

3. Construct and maintain multi-use trails within theassumed 50-foot floodway of Cascade Creek beginning atthe Bayfront Highway and extending upstream on bothsides of the stream a total distance of approximately1,750 feet.

E25-629, Springfield Township, 13300 Ridge Road,Box 274, West Springfield, PA 16443. McKee Road BridgeAcross Conneaut Creek, in Springfield Township, ErieCounty, ACOE Pittsburgh District (East Springfield, PAQuadrangle N: 8.2 inches; W: 7.6 inches).

To remove the existing abutments and to construct andmaintain a timber covered bridge having a clear, normalspan of 83.5 feet and an average underclearance of 16feet across Conneaut Creek on McKee Road (T-338)approximately 0.7 mile north of Cherry Hill Road.

E25-630, Municipal Authority of the City of Corry.Avenue A Pump Station and Force Main, in City of Corry,Erie County, ACOE Pittsburgh District

To construct and maintain a sanitary sewer pumpstation impacting a de minimus area of wetland (0.038acre) northeast of the intersection of Liberty Street andAvenue A (Columbus, PA-NY Quadrangle N: 8.65 inches;W: 16.75 inches) and a sanitary sewer force main acrossa wetland area beginning approximately 580 feet north ofthe intersection of Liberty Street and Summer Street andextending north to the railroad tracks south of thewastewater treatment plant, a distance of approximately517 feet (Corry, PA-NY Quadrangle N: 9.0 inches; W: 0.2inch).

862 NOTICES


E42-274, Charles R. Ricards, P. O. Box 350006, FortLauderdale, FL 33335-0006. Ricards Bridge Across Sin-nemahoning Portage Creek, in Norwich Township,McKean County, ACOE Baltimore District (KeatingSummit, PA Quadrangle N: 1.2 inches; W: 12.5 inches).

To construct and maintain a bridge having a clear spanof 25 feet and an underclearance of 2.5 feet acrossSinnemahoning Portage Creek (CWF) on a private drive-way extending east from Gardeau Road (T-470) approxi-mately 3.75 miles south of S. R. 155 at Keating Summit.Project includes impact to a de minimis area of wetlands(0.025 acre) adjacent to Sinnemahoning Portage Creekfrom roadway approach fill.

E43-291, Allegheny Highlands Pulling Association,Inc., 3208 Old Route 322, Cochranton, PA 16314. AHPAPoker Run Trails, in French Creek Township, MercerCounty, ACOE Pittsburgh District.


E61-237, PA Department of Transportation, District1-0, 255 Elm Street, Oil City, PA 16323. S. R. 3025Section SPA Segment 0110 Offset 2994 Across Tributaryto Allegheny River, in Cranberry Township, VenangoCounty, ACOE Pittsburgh District (Oil City, PA Quad-rangle N: 4.68 inches; W: 14.43 inches).

To place concrete paving 1.0 foot below the existingstream bed and maintain the reinforced concrete slabbridge having a span of 15 feet and an underclearance of6.83 feet across a tributary to the Allegheny River (DeepHollow Run) on S. R. 3025 Section SPA Segment 0110Offset 2994 southwest of Oil City.

E61-238, Allegheny Highlands Pulling Association,Inc., 3208 Old Route 322, Cochranton, PA 16314. AHPAPoker Run Trails, in Canal and Jackson Townships,Venango County, ACOE Pittsburgh District.


E62-375, PA Department of Transportation, District1-0, 255 Elm Street, Oil City, PA 16323. S. R. 3022Section B01 Segment 0110 Offset 0216 AcrossBrokenstraw Creek, in Youngsville Borough, WarrenCounty, ACOE Pittsburgh District (Oil City, PA Quad-rangle N: 4.68 inches; W: 14.43 inches).

To replace the superstructure, rehabilitate the pier andabutments by facing them with concrete and maintain aprestressed concrete spread box beam bridge having twoclear spans of 74 feet and an average underclearance of13.8 feet across Brokenstraw Creek on S. R. 3022, SectionB01, Segment 0110, Offset 0216 in Youngsville Borough.

ACTIONSFINAL ACTIONS TAKEN UNDER THE

PENNSYLVANIA CLEAN STREAMS LAW AND THEFEDERAL CLEAN WATER ACT

NATIONAL POLLUTION DISCHARGEELIMINATION SYSTEM PROGRAM (NPDES)

INDUSTRIAL WASTE AND SEWERAGEWASTEWATER

The Department of Environmental Protection (Depart-ment) has taken the following actions on previouslyreceived permit applications and requests for plan ap-proval.

Persons aggrieved by this action may appeal, underSection 4 of the Environmental Hearing Board Act (35P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704(relating to the Administrative Agency Law), to theEnvironmental Hearing Board, Second Floor, RachelCarson State Office Building, P. O. Box 8457, Harrisburg,PA 17105-8457, (717) 787-3483. TDD users may contactthe Board through the Pennsylvania Relay Service, (800)654-5984. Appeals must be filed with the EnvironmentalHearing Board within 30 days of receipt of written noticeof this action unless the appropriate statute provides adifferent time period. Copies of appeal form and theBoard’s rules of practice and procedure may be obtainedfrom the Board. The appeal form and the Board’s rules ofpractice and procedure are also available in Braille or onaudiotape from the Secretary of the Board at (717)787-3483. This paragraph does not, in and of itself, createany right of appeal beyond that permitted by applicablestatutes and decisional law.

Actions under the Clean Streams Law (35 P. S.§§ 691.1—691.1001).


WQM Permit No. 1500419. Sewerage. South Coven-try Township, 1002 Ridge Road, Pottstown, PA 19465.Applicant is granted approval to construct a drip irriga-tion sewage treatment system to serve the Ridglea FarmSubdivision located in South Coventry Township,Chester County.

WQM Permit No. 1500426. Sewage. Valley ForgeSewer Authority, 333 Pawling Road, Phoenixville, PA19460. Applicant is granted approval for installing abiosolid storage, silo, a screw conveyor system and asludge lime mixer at the existing Valley Forge Treatmentplant located in Schuylkill Township, Chester County.

NPDES Permit No. PA0058246. Sewage. James J.Gorman, 1426 Rose Glen Road, Gladwinne, PA 19035. Isauthorized to discharge from a facility located in LowerMerion Township, Montgomery County into an un-named tributary to Mill Creek.

NPDES Permit No. PA0027634. Industrial Waste.Pennsylvania-American Water Company, 800 WestHershey Park Drive, Hershey, PA 17033. Is authorized todischarge from a facility located at Yardley Water Filtra-tion Plant in Lower Makefield Township, Bucks Countyto an unnamed tributary of Brock Creek.

NPDES Permit No. PA0058220. Industrial Waste.ABCO Oil Corporation, Ridge Pike and Carland Road,Norristown, PA 19404. Is authorized to discharge from afacility located in Norristown Borough, MontgomeryCounty to a dry swale tributary to Schuylkill River.

NPDES Permit No. PA0056502. Industrial Waste.Transit America, Inc., One Red Lion Road, Philadel-phia, PA 19115. Is authorized to discharge from a facilitylocated in the City of Philadelphia, PhiladelphiaCounty and Lower Moreland Township, MontgomeryCounty to an unnamed tributary to Huntington ValleyCreek & Pennypack Creek.

Southcentral Region: Water Management Program Man-ager, 909 Elmerton Avenue, Harrisburg, PA 17110.

WQM Permit No 3696408 Amendment 00-1, Sewer-age. Lancaster Area Sewer Authority, 130 CentervilleRoad, Lancaster, PA 17603-4087. This permit approves

NOTICES 863


modifications to the construction/operation of headworksto sewage treatment facilities.

WQM Permit No 6790204 Amendment No. 01-1,Sewerage. United Defense, L.P., P. O. Box 1512, York,PA 17405-1512. This permit approves the construction ofIndustrial Waste Treatment Facilities in West ManchesterTownship, York County.

WQM Permit No 6700412, Sewerage. NewberryTownship Sewer Authority, 1915 Old Trail Road, Et-ters, PA 17319-9676. This permit approves the construc-tion of a Pump Station in Newberry Township, YorkCounty.

WQM Permit No 3678429 Amendment No. 00-1,Sewerage. Warwick Township Municipal Authority,315 Clay Road, Lititz, PA 17543. This permit approvesthe construction of Sewers and Appurtenances and PumpStations in Warwick Township, Lancaster County.

WQM Permit No 0798405 Amendment 01-1, Sewer-age. Charles C. Powell, New Beginnings Road, Wil-liamsburg, PA 16693. This permit approves the construc-tion of Sewage Treatment Facilities and Outfall Sewers inWoodbury Township, Blair County.

WQM Permit No 6700413, Sewerage. Red Lion Mu-nicipal Authority, P. O. Box 190, Red Lion, PA 17356-0190. This permit approves the construction of a PumpStation in Red Lion Borough, York County.

WQM Permit No 4495402 Amendment 01-1, Sewer-age. Municipal Authority of Union Township, P. O.Box 5625, Belleville, PA 17004-9701. This permit ap-proves the construction of a Sewage Treatment Facility inUnion Township, Mifflin County.

WQM Permit No 0693410 T-1, Sewerage. FilippiniReal Estate, Inc., 12 Augusta Lane, Fleetwood, PA19522. This permit approves the construction of a SewageTreatment Facility in Ruscombmanor Township, BerksCounty.

WQM Permit No. PA0082201, Sewage, LetterkennyTownship Municipal Authority, 4924 Orrstown Road,Orrstown, PA 17244-9503 is authorized to discharge froma facility located in Letterkenny Township, FranklinCounty to the receiving waters named ConodoguinetCreek in Watershed 7-B.

WQM Permit No. PA0083135, Sewage, MifflinCounty School District, (East Derry ElementarySchool), 103 Green Avenue, Lewistown, PA 17044 isauthorized to discharge from a facility located in DerryTownship, Mifflin County to the receiving waters namedJacks Creek in Watershed 12-A (Kishacoquillas—JackCreeks).

WQM Permit No. PA0020923, Sewage, New OxfordMunicipal Authority, 409 Water Works Road, NewOxford, PA 17350-1511 is authorized to discharge from afacility located in Oxford Township, Adams County tothe receiving waters named South Branch ConewagoCreek in Watershed 7-F (Conewago Creek).

WQM Permit No. PA0081221, Sewage, Campbell’sMobile Homes, Inc., P. O. Box 129, Newport, PA 17074-0129 is authorized to discharge from a facility located inMiller Township, Perry County to the receiving watersnamed Watershed 12-B (Tuscarora-Buffalo Creek).

WQM Permit No. PA0086967, Industrial Waste,Myerstown Water Authority, 101 East WashingtonAvenue, Myerstown, PA 17067 is authorized to dischargefrom a facility located in Jackson Township, Lebanon

County to the receiving waters named TulpehockenCreek in Watershed 3-C (Tulpehocken Creek).

WQM Permit No. PA0087009, Industrial Waste Han-over Cold Storage, Inc., 1301 Carlisle Pike, P. O. Box152, Hanover, PA 17331-9473 is authorized to dischargefrom a facility located in Penn Township, York County tothe receiving waters named Conewago Creek in Water-shed 7-F (Conewago Creek).

WQM Permit No. PA0081353, Sewage, SouthernStates Cooperative, Inc., P. O. Box 26234, Richmond,VA 23260 is authorized to discharge from a facilitylocated in West Donegal Township, Lancaster County tothe receiving waters of an unnamed tributary toConewago Creek in Watershed 7-G.

WQM Permit No. PA0081116, Sewage, SolancoSchool District, (Solanco High School), 121 South HessStreet, Quarryville, PA 17566 is authorized to dischargefrom a facility located in East Dunmore Township,Lancaster County to the receiving waters of an un-named tributary of Stewart Run in Watershed 7-K.

WQM Permit No. PA0081191, Sewage, OutdoorWorld Corporation, (Pennsylvania Dutch Country Re-sort), P. O. Box 447, Bushkill, PA 18324 is authorized todischarge from a facility located in West Cornwall Town-ship, Lebanon County to the receiving waters namedChickies Creek (via swale) in Watershed 7-G.

WQM Permit No. PA0083615, Sewage, David PitzerTrucking, Inc., P. O. Box 276, Biglerville, PA 17307 isauthorized to discharge from a facility located inMenallen Township, Adams County to the receivingwaters of an unnamed tributary of Opossum Creek inWatershed 7-F.

WQM Permit No. PA0081132, Sewage, SolancoSchool District, (Swift Middle School), 121 Soutk HessStreet, Quarryville, PA 17566 is authorized to dischargefrom a facility located in Fulton Township, LancasterCounty to the receiving waters named Conowingo Creekin Watershed 7-K.

WQM Permit No. PA0046302, Sewage, Pennsylva-nia-American Water Company, (Hershey Plant), 200East Canal Street, Hummelstown, PA 17036-9225 isauthorized to discharge from a facility located in SouthHanover Township, Dauphin County to the receivingwaters named Swatara Creek and Manada Creek inWatershed 7-D.

WQM Permit No. PA0030473, Sewage, West ShoreSchool District, (Fairview Elementary School), 507 Fish-ing Creek Road, Lewisberry, PA 17339 is authorized todischarge from a facility located in Fairview Township,York County to the receiving waters of an unnamedtributary to Yellow Breeches Creek in Watershed 7-E.

WQM Permit No. PA0086533, Sewage, GeneralCable Industries, Inc., 3101 Pleasant Valley Road,Altoona, PA 16602 is authorized to discharge from afacility located in Altoona City, Blair County to thereceiving waters named Mill Run in Watershed 11-A.

WQM Permit No. PA0009253 Amendment No. 2,Sewage, United Defense, L.P., P. O. Box 15512, York, PA17405-1512 is authorized to discharge from a facilitylocated in West Manchester Township, York County tothe receiving waters named Codorus Creek.

WQM Permit No. PA0087785 T-1, Sewage, CharlesC. Powell, (Cove Forge Treatment Center), New Begin-nings Road, Williamsburg, PA 16693 is authorized todischarge from a facility located in Woodbury Township,

864 NOTICES


Blair County to the receiving waters named FrankstownBranch Juniata River in Watershed 11-A.

WQM Permit No. PA0011363 Amendment No. 1,Sewage, NGK Metals Corporation, P. O. Box 13367,Reading, PA 19612-3367 is authorized to discharge from afacility located in Muhlenberg Township, Berks Countyto the receiving waters named Laurel Run.

WQM Permit No. PA0086711, Industrial Waste,Sunoco, Inc., (R&M), (Mechanicsburg Terminal), 1801Market Street, Philadelphia, PA 19380 is authorized todischarge from a facility located in Hampden Township,Cumberland County to the receiving waters namedCedar Run in Watershed 7-E (Yellow Breeches Creek).

WQM Permit No. PA0085782 Amendment No. 1,Sewage, Filippini Real Estate, Inc., (Golden Oaks GolfClub), 17 Augusta Lane, Fleetwood, PA 19522 is autho-rized to discharge from a facility located inRuscombmanor Township, Berks County to the receivingwaters of an unnamed tributary of Furnace Creek inWatershed 3-D.

WQM Permit No. PA0087319, Industrial Waste,Scranton-Altoona Terminals Corporation, (SinkingSpring Bulk Storage Terminal), P. O. Box 2070, SinkingSpring, PA 19608 is authorized to discharge from afacility located in Sinking Spring Borough, BerksCounty to the receiving waters named Cacoosing Creekin Watershed 3-C.

WQM Permit No. PA0024708, Sewage, MunicipalAuthority of Union Township, (Union TownshipWWTP), P. O. Box 5625, Belleville, PA 17004-9701 isauthorized to discharge from a facility located in UnionTownship, Mifflin County to the receiving waters namedKishacoquillas Creek in Watershed 12-A (Kishacoquillas—Jacks Creeks).

WQM Permit No. PA0080683, Sewage, Miller’sSkyview Sales, Inc., 200 Ridge Road, Etters, PA 17319-9110 is authorized to discharge from a facility located inNewberry Township, York County to the receiving wa-ters of an unnamed tributary to Bennett Run in Water-shed 7-F (Conewago Creek).

WQM Permit No. PA0084328, Sewage, J. E. BakerCompany, P. O. Box 1189, York, PA 17405 is authorizedto discharge from a facility located in West ManchesterTownship, York County to the receiving waters of anunnamed tributary to Honey Run in Watershed 7-F.

WQM Permit No. PA0081523, Sewage, MohammadDowlut, (Blair Chalet), R. R. 1, Box 379, Hollidaysburg,PA 16648-9516 is authorized to discharge from a facilitylocated in Blair Township, Blair County to the receivingwaters named Frankstown Branch Juniata River in Wa-tershed 11-A.

Southwest Region: Water Management Program Man-ager, 400 Waterfront Drive, Pittsburgh, Pa 15222-4745.

NPDES Permit No. PA0095834. Sewage. HowardKeenan, 701 Hope Street, Pittsburgh, PA 15220 is autho-rized to discharge from a facility located at TreehavenMobile Home Park Sewage Treatment Plant, SouthFranklin Township, Washington County to receivingwaters named Chartiers Creek.

Northwest Region: Water Management Program Man-ager, 230 Chestnut Street, Meadville, PA 16335-3481.

WQM Permit No 3700406. Sewerage, JosephineSchotsch, P. O. Box 915A, New Castle, PA 16107. This

project is for the construction and operation of a smallflow treatment facility located in Scott Township,Lawrence County.

WQM Permit No 3700407. Sewerage, ShenangoTownship, 1000 Willowbreak Road, New Castle, PA16101. This project is for the construction and operationof a small flow treatment facility located in OrchardaleEstates, Shenango Township, Lawrence County.

WQM Permit No 6200413. Sewage, Youngsville Bor-ough, 40 Railroad Street, Youngsville, PA 16371-1130.This project is for renovations to an existing sewagetreatment facility located in Youngsville Borough, War-ren County.

NPDES Permit No. PA0023931. Sewage. Borough ofCambridge Springs, 161 Carringer Street, CambridgeSprings, PA 16403 is authorized to discharge from afacility located in the Borough of Cambridge Springs,Crawford County to French Creek.

NPDES Permit No. PA0026379. Sewage. BradfordSanitary Authority, P. O. Box 546, Bradford, PA 16701-0546 is authorized to discharge from a facility located inFoster Township, McKean County to TungungwantCreek.

NPDES Permit No. PA0104469. Sewage, KasgroRail Corporation, 320 East Cherry Street, New Castle,PA 16102 is authorized to discharge from a facility locatedin Taylor Township to an unnamed tributary to BeaverRiver and Shenango River.

NPDES Permit No. PA0101087. Sewage. Norman J.Cutri, 1324 South Shore Drive No. 601, Erie, PA 16505-2536 is authorized to discharge from a facility located atTwilight Mobile Home Park, Mahoning Township,Lawrence County to an unnamed tributary to SankyRun.

NPDES Permit No. PA0238414. Sewage. JosephineSchotsch, P. O. Box 915A, New Castle, PA 16107 isauthorized to discharge from a facility located in ScottTownship, Lawrence County.

NPDES Permit No. PA0041921. Sewage. Holy Sep-ulcher Parish, 1304 East Cruikshank Road, Butler, PA16002-8906 is authorized to discharge from a facilitylocated in Middlesex Township, Butler County to anunnamed tributary to Glade Run.

NPDES Permit No. PA0100935. Sewage, MapleWinds Mobile Home Park, 89 Gill Road, Grove City, PA16127 is authorized to discharge from a facility located inPine Township, Mercer County to an unnamed tributaryto Wolf Creek.

NPDES Permit No. PA0221007. Sewage, Borough ofVolant, P. O. Box 96, Volant, PA 16156 is authorized todischarge from a facility located in the Borough of Volant,Lawrence County to an unnamed tributary toShenango River and Neshannock Creek.

NPDES Permit No. PA0102431. Sewage, CedarAcres/Cunningham Inc., 1650 Harlansburg Road, NewCastle, PA 16101 is authorized to discharge from a facilitylocated in Scott Township, Lawrence County to anunnamed tributary to Slippery Rock Creek.

NPDES Permit No. PA0103861. Sewage. Zoccoli’sMobile Home Park, R. D. # 1, Edinburg, PA 16116 isauthorized to discharge from a facility located in Mahon-

NOTICES 865


ing Township, Lawrence County to an unnamed tribu-tary to Shenango River.

NPDES Permit No. PA0036617. Sewage, RemarkEstates, 169 Pullman Drive, West Middlesex, PA 16158 isauthorized to discharge from a facility located inLackawannock Township, Mercer County to an un-named tributary to Little Neshannock Creek.

NPDES Permit No. PA0028371. Sewage, Borough ofYoungsville, 40 Railroad Street, Youngsville, PA 16317 isauthorized to discharge from a facility located inYoungsville Borough, Warren County to BrokenstrawCreek.

NPDES Permit No. PA0104086. Industrial Waste.Mercer Forge Corporation, 200 Brown Street, P. O.Box 272, Mercer, PA 16137 is authorized to dischargefrom a facility located in Mercer Borough, MercerCounty to Otter Creek.

NPDES Permit No. PA0000183. Industrial Waste.General Electric Company, 2901 East Lake Road,Building 9-2, Erie, PA 16531 is authorized to dischargefrom a facility located in Lawrence Park Township, ErieCounty to Four Mile Creek and Presque Isle Bay.

NPDES STORMWATER INDIVIDUAL PERMITS(PAS)

The following NPDES Individual Permits for Dis-charges of Stormwater Associated with Construction Ac-tivities have been issued.

These actions of the Department of EnvironmentalProtection (Department) may be appealed to the Environ-mental Hearing Board (Board), Second Floor, RachelCarson State Office Building, 400 Market Street, P. O.Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483, byany aggrieved person under the Environmental HearingBoard Act (35 P. S. § 7514) and 2 PA C.S. §§ 501—508and 701—704 (relating to the Administrative AgencyLaw). Appeals must be filed with the Board within 30days from the date of this issue of the PennsylvaniaBulletin unless the appropriate statute provides a differ-ent time period. Copies of the appeal form and theDepartment’s regulations governing practice and proce-dure before the Board may be obtained from the Board.

Southeast Region: Water Management Program Man-ager, Lee Park, Suite 6010, 555 North Lane, Consho-hocken, PA 19428.

NPDES Applicant Name & ReceivingPermit No. Address County Municipality Water/UsePAS10-G427 Lutheran Senior Services of South-

ern Chester County111 East Doe Run RoadUnionville, PA 19375

Chester County Penn Township East Branch BigElk Creek (HQ,TSF, MF)

PAS10-G428 Cornerstone Communities771 East Lancaster AvenueVillanove, PA 19085

Chester County East WhitelandTownship

Tributary to ValleyCreek (EV)

PAS10-G443 First Lender Development CorpOne Abington Plaza, Suite 403Jenkintown, PA 19046

Chester County Tredyffrin Town-ship

Valley Creek (EV)

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.NPDES Applicant Name & ReceivingPermit No. Address County Municipality Water/UsePAS100419 Southern Cove Joint Municipal

AuthorityP. O. Box 223Woodbury, PA 16695

Bedford Woodbury BoroughWoodbury Twp.

Yellow CreekHQ-CWF

PAS100025 Ronald & Lori Sewell3400 Harney RoadTaneytown, MD 21787

Adams Menallen Twp. Conewago CreekHQ-CWF

APPROVALS TO USE NPDES AND/OR OTHERGENERAL PERMITS

The following parties have submitted: (1) Notices ofIntent (NOIs) for Coverage Under (1) General NPDESPermit(s) to Discharge Wastewater into the Waters of thisCommonwealth. The approval for coverage under thesegeneral NPDES permits is subject to applicable effluentlimitations. Monitoring, reporting requirements and otherconditions set forth in the general permit: (2) GeneralPermit(s) for Beneficial Use of Sewage Sludge or Residen-tial Septage by Land Application in Pennsylvania; (3)General NPDES Permit Authorizing the Discharge ofStormwater Associated with Construction Activities toWaters of this Commonwealth.

The approval of coverage for land application of sewagesludge or residential septage under these general permitsis subject to pollutant limitations, pathogen and vectorattraction reduction requirements, operational standards,general requirements, management practices and otherconditions set forth in the respective permit. The Depart-ment of Environmental Protection approves the followingcoverage under the specific General Permit.

The EPA Region III Administrator has waived the rightto review or object to this permit action under the waiverprovision 40 CFR 123.24.

The application and related documents, effluent limita-tions, permitting requirements and other information areon file and may be inspected and arrangements made forcopying at the contact office noted.

866 NOTICES


List of NPDES and/or Other General Permit Types

PAG-1 General Permit for Discharges From Stripper Oil Well FacilitiesPAG-2 General Permit for Discharges of Stormwater Associated With Construction Activities

PAG-3 General Permit for Discharges of Stormwater From Industrial ActivitiesPAG-4 General Permit for Discharges From Single Residence Sewage Treatment PlantPAG-5 General Permit for Discharges From Gasoline Contaminated Ground Water Remedia-

tion SystemsPAG-6 General Permit for Wet Weather Overflow Discharges From Combined Sewer SystemsPAG-7 General Permit for Beneficial Use of Exceptional Quality Sewage Sludge by Land Ap-

plicationPAG-8 General Permit for Beneficial Use of Non-Exceptional Quality Sewage Sludge by Land

Application to Agricultural Land, Forest, a Public Contact Site or a Land ReclamationSite

PAG-9 General Permit for Beneficial Use of Residential Septage by Land Application to Agri-cultural Land, Forest, or a Land Reclamation Site

PAG-10 General Permit for Discharge Resulting From Hydrostatic Testing of Tanks and Pipe-lines

PAG-11 (To Be Announced)PAG-12 Concentrated Animal Feeding Operations (CAFOs)

GENERAL PERMIT TYPE—PAG-2Facility Location & Permit Applicant Name & Receiving Contact Office &Municipality No. Address Water/Use Phone No.Kennett Township/BoroChester County

PAR10-G402 Kennetex, Inc.470 West Cypress StreetKennett Square, PA

East Branch RedClay Creek (TSF)

Chester CountyConservation District(610) 696-5126

West WhitelandTownshipChester County

PAR10-G405 Lexington, Inc.119 John Robert ThomasDriveExton, PA 19341

Valley Creek(CWF-MF)

Cheser CountyConservation district(610) 696-5126

West BrandywineTownshipChester County

PAR10-G400 Sandone Landscape216 Creek Bend DriveDowningtown, PA 19335

Beaver Creek(TSF-MF)


West GoshenTownshipChester County

PAR10-G409 Charles Wilkinson1020 Broad Run RoadLandenberg, PA

UNT to EastBranch ChesterCreek (TSF)


Marple TownshipDelaware County

PAR10-J188 Springton Senior AssociatesGeorgetown Building101 Chasley DriveMedia, PA

Crum Creek(WWF)

Delaware CountyConservation District(610) 892-9484

Aston TownshipDelaware County

PAR10-J201 Dutton Mill Associates1 Marim TerraceAldan, PA 19018

Chester Creek(WWF)


Radnor TownshipDelaware County

PAR10-J200 Radnor Township301 Iven AvenueWayne, PA 19087

Ithan Creek (CWF) Delaware CountyConservation District(610) 892-9484

Aston TownshipDelaware County

PAR10-J106-1 D & D Developers 200Spring Valley WayAston, PA 19014

West BranchChester Creek(TSF)


Lower ProvidenceTownshipMontgomery County

PAR10-T637 Streamlight, Inc.1030 West GermantownPikeNorristown PA 19403

Skippack Creek(TSF)

Montgomery CountyConservation District(610) 489-4506

Lower GwyneddTownshipMontgomery County

PAR10-T690 Philomeno & Salamone450 South Gravers RoadPlymouth Meeting, PA19426

Wissahickon Creek(TSF)


NOTICES 867


Facility Location & Permit Applicant Name & Receiving Contact Office &Municipality No. Address Water/Use Phone No.

Upper HanoverTownshipMontgomery County

PAR10-T671 Brown East GreenvilleDivision668 Gravel PikeEast Greenville, PA 18041

UNT PerkiomenCreek (TSF)


Falls TownshipBucks County

PAR10-D541 NJ Transit CorporationOne Penn Plaza EastNewark, NJ 07105

Rock Run Creek(WWF)

Bucks CountyConservation District(215) 345-7577

New Britain TownshipBucks County

PAR10-D536 Nappen & Associates119 Keystone DriveMontgomeryville, PA

West BranchNeshaminy Creek(TSF-MF)


Bensalem TownshipBucks County

PAR10-D540 WAWA, Inc. 260 BaltimorePike Wawa, PA 19063

UNT to NeshaminyCreek (TSF-MF)


Solebury TownshipBucks County

PAR10-D533 Richard S & KarenKaplinski6301 Pidcock RoadNew Hope, PA 18938

Delaware River(TSF)


Lower MakefieldTownshipBucks County

PAR10-D550 DeLuca Enterprises842 Durham RoadNewtown, PA 18940

Neshaminy Creek(TSF-MF)


Bristol TownshipBucks County

PAR10-D530 Riverbirch Enterprises, LP1262 Wood LaneSuite 207Langhorne, PA 19047

Delaware River(TSF)


Falls TownshipBucks County

PAR10-D554 Duke Weeks RealtyInvestments5600 Blazer ParkwaySuite 100Dublin, OH 43017

Rock Run Creek(WWF)


Middletown TownshipBucks County

PAR10-D546 Township of Middletown2140 Trenton RoadLevittown, PA 19056

Mill creek (WWF-MF)


Bristol TownshipBucks County

PAR10-D546 Do Little Corporation301 State RoadCroydon, PA 19020

Delaware River(TSF)


East FallowfieldTownshipChester County

PAR10-G420 Mark Weiss107 Commons CourtChadds Ford, PA 19317

West BranchBrandywine Creek(WWF-MF)


City of ChesterDelaware County

PAR10-J181 PennDOT7000 Geerdes BoulevardKing of Prussia, PA 19406

Darby and CrumCreeks (WWF)


Upper ChichesterTownshipDelaware County

PAR10-J202 Long PropertyManagement, Inc127 High StreetMt. Holly, NJ 08060

Marcus Hook Creek(WWF)


Plymouth TownshipMontgomery County

PAR10-T673 Metroplex East Associates,Inc.350 Sentry ParkwayBlue Bell, PA 19422

Plymouth Creek(WWF)


Worcester TownshipMontgomery County

PAR10-T692 PECO Energy Company680 Ridge PikePlymouth Meeting, PA19462

Zacharias Creek(TSF)


868 NOTICES



Montgomery TownshipMontgomery County

PAR10-T696 Robert Nappen119 Keystone DriveMontgomeryville, PA 18936

Tributary to ParkCreek (WF-M)


Luzerne CountyHanover Township

PAR10R215 Marge BakerMt. Souci DevelopmentCorner Clinton Dr. &Ashley St.Hanover, PA 18702

Warrior CreekCWF

Luzerne Co. CD(570) 674-7991

Facility Location & Permit Applicant Name & Receiving Water Contact Office &Municipality No. Address Water/Use Use Phone No.

Greene TownshipFranklin County

PAR10M227 PP & L Utilities285 Morea RoadFrackville, PA 17931

Phillaman Run,Mountain Run,ConococheagueCreek

CWFCWFCWF

Franklin County CD550 Cleveland AvenueChambersburg, Pa.17201(717) 264-8074

Upper Allen TownshipCumberland County

PAR10H249 Liberty Forge Golf CourseInc.P. O. Box 1229Camp Hill, PA 17011-1229

UNT YellowBreeches

Cumberland CountyCD43 BrookwoodAvenue, Suite 4Carlisle, Pa. 17013(717) 240-7812

St. Thomas TownshipFranklin County

PAR10M228 Jefferson & EasternLeo Rocca2730 Fox Gap RoadMiddletown, MD 21769

UNT CampbellRun

CWF Franklin County CD550 Cleveland AvenueChambersburg, Pa.17201(717) 264-8074

Upper Allen TownshipCumberland County

PAR10H254 Ashcombe Farms PRD19 A.N. Baltimore RoadDillsburg, PA 17019

Trout Run CWF Cumberland CountyCD43 BrookwoodAvenue, Suite 4Carlisle, Pa. 17013(717) 240-7812

Berwick TownshipAdams County

PAR100102 Berwick Township85 Municipal RoadHanover, PA 17331

UNT to PineCreek

WWF Adams County CD670 Old HarrisburgRoadSuite 201Gettysburg, PA 17325(717) 334-0636

Allegheny TownshipFrankstown TownshipBlair County

PAR100713 Garvey Manor NursingHome128 Logan Blvd.Hollidaysburg, PA 16648

Brush Creek WWF Blair County CD1407 Blair StreetHollidaysburg, PA16648(814) 696-0877

Bellwood BoroughBlair County

PAR100714 Wolf Furniture1620 N. Tuckahoe StreetBellwood, PA 16617

Bells Gap Run TSF Blair County CD1407 Blair StreetHollidaysburg, PA16648(814) 696-0877

Middlesex TownshipCumberland, County

PAR10H251 Harmony Hall Assoc.325 S. Hanover St.Carlisle, PA 17013

Letort SpringRun

CWF Cumberland CountyCD43 BrookwoodAvenue, Suite 4Carlisle, Pa. 17013(717) 240-7812

NOTICES 869


Facility Location & Permit Applicant Name & Receiving Water Contact Office &Municipality No. Address Water/Use Use Phone No.

Ephrata BoroughLancaster County

PAR10O470 Beck Properties, Inc.1509 Brunnerville Rd.Lititz, PA 17543

UNT CocalicoCreel

WWF Lancaster County CD1383 Arcadia RoadRm 6Lancaster, Pa. 17601(717) 299-5361

Bald Eagle TownshipClinton County

PAR101921 Croda Inc.P. O. Box 178Mill Hall, PA 17751

Bald Eagle Creek CWF Clinton County CD36 Spring Run Rd.Rm. 104Mill Hall, PA 17751(570) 726-3798

Charleston TownshipTioga County

PAR106637 Tioga County HumanServices AgencyGolf CourseP. O. Box 766Wellsboro, PA 16901

Charleston Creek WWF Tioga County CD29 East Ave.Wellsboro, PA 16901(570) 724-1801

Facility Location & Permit Applicant Name & Receiving Contact Office &Municipality No. Address Water/Use Phone No.Crawford County,Vernon Township

PAR102319 Vernon Town SquareMeadville Real Estate, L.P.c/o George Saad2400 Ardmore BoulevardSuite 800Pittsburgh, PA 15221

UNT Van HorneCreek

Crawford ConservationDistrict14699 North MainStreet Ext.Meadville, PA16335-9441(814) 724-1793

Lawrence County,Mahoning Township,New Beaver Borough,City of New Castle,North BeaverTownship, WampumBorough, and WayneTownship

PAS103711 Norfolk Southern RailwayCompanyc/o George Epps600 West Peachtree StreetSuite 1840Atlanta, GA 30308

ConnoquenessingCreek, Tributary toBeaver River,Beaver River,Wampum RunEckles Run,Jenkins Run,Edwards Run,MahoningRiver/ShenangoRiver Confluence,Mahoning River,and Tributary toMahoning River

Lawrence ConservationDistrictLawrence CoGovernment Center430 Court StreetNew Castle, PA16101-3593(724) 652-4512

General Permit Type—PAG-3Facility Location & Permit Applicant Name & Receiving Contact Office &Municipality No. Address Water/Use Phone No.

Montgomery CountyUpper MerionTownship

PAR130008 Philadelphia Newspapers,Inc.Upper Merion TownshipMontgomery County

Frog Run andMatsunk Creek

DEP Southeast RegionWater Management555 North LaneConshohocken, PA 19428

Facility Location & Permit Applicant Name & Receiving Water Contact Office &Municipality No. Address Water Use Phone No.York CountySpring GardenTownship

PAR213542 Glen-Gery Corporation1090 East BoundaryAvenueYork, PA 17403

UNT CodorusCreek

WWF DEP-SouthcentralRegion909 Elmerton AvenueHarrisburg, PA 17110(717) 705-4707

Lancaster CountyMount Joy Borough

PAR203536 New Standard CorporationP. O. Box 117Mount Joy, PA 15520

ChickiesCreek


870 NOTICES


Facility Location & Permit Applicant Name & Receiving Water Contact Office &Municipality No. Address Water Use Phone No.

York CountyHellam Township

PAR203559 New Standard Corporation74 Commerce WayYork, PA 17406

Kreutz Creek WWF DEP-SouthcentralRegion909 Elmerton AvenueHarrisburg, PA 17110(717) 705-4707

York CountyYork City

PAR603580 Consolidated ScrapResources, Inc.—Prospect StreetP. O. Box 389York, PA 17405-0389

CodorusCreek


Blair CountyAntis Township

PAR603579 William CrawfordC & C Auto SalvageR. D. 2, Box 432Tyrone, PA 16686

Little JuniataCreek


York CountySpring GardenTownship

PAR603578 Harry J. Darrah, Jr.J & K Salvage, Inc.513 East Lancaster StreetRed Lion, PA 17356

CodorusCreek



Washington CountyCanton Township

PAR606109 General Alloys Inc135 W Wylie AvenueWashington, PA 15301

Chartiers Creek Southwest RegionalOffice: WaterManagement ProgramManager400 Waterfront DrivePittsburgh PA15222-4745(412) 442-4000

Allegheny CountyGlenwood Pittsburgh

PAR806202 Detroit Salt Company12841 Sanders StreetDetroit, MI 48127

Monongahela River Southwest RegionalOffice: WaterManagement ProgramManager400 Waterfront DrivePittsburgh PA15222-4745(412) 442-4000

Summerville BoroughJefferson County

PAR218315 Clenn-GeryCorporation-Hanley PlantRoute 28Summerville, PA15864-0068

Redbank Creek andUnnamedTributary toRedbank Creek

DEPNWROWater Management230 Chestnut StreetMeaville, PA 16335-3481(814) 332-6942


Ridgway TownshipElk County

PAG048369 Thomas M. SteudlerBox 22A Ridgway RoadJohnsonburg, PA 15845

UnnamedTributary of theClarion River

DEPNWROWater Management230 Chestnut StreetMeadville, PA16335-3481(814) 332-6942

NOTICES 871



Bedminster TownshipBucks County

PAG050017 Farm and Home OilCompany3115 State RoadP. O. Box 389Telford, PA 18969

UnnamedTributary to MorrisRun PerkiomenWatershed

Southeast Region WaterManagement(610) 832-6130


Beaver TownshipClarion County

PAG088303 Knox BoroughP. O. Box 366Knox, PA 16232-0298

EdenbrookHolsteins(Decker Farm)McElhattan RoadKnox, PA 16232


Washington TownshipErie County

PAG088304 Washington Township11800 Edinboro RoadEdinboro, PA 16412

John Vanco FarmSilverthorn RoadEdinboro, PA 16412


Franklin TownshipErie County

PAG088304 Washington Township11800 Edinboro RoadEdinboro, PA 16412

Dentcsil LeSuerFarm5810 Old StateRoadEdinboro, PA 16412



Fayette CountyBullskin Township

PAG096107 Top Septic Service Inc123 Zelmore RoadMt Pleasant, PA 15666

Southwest RegionalOfficeWater ManagementProgram Manager400 Waterfront DrivePittsburgh PA15222-4745(412) 442-4000

Randolf TownshipCrawford County

PAG098304 Sterling Sanitation Service37021 Tryonville RoadCenterville, PA 16404

David SterlingFarm12490 StateHighway 198Guys Mills, PA16327


Steuben TownshipCrawford County


Richard Culp—Home Farm16135 GreytownRoadCenterville, PA16404


872 NOTICES


Facility Location & Permit Applicant Name & Receiving Contact Office &Municipality No. Address Water/Use Phone No.Steuben TownshipCrawford County


Richard Culp—Five Corners FarmFive Corners RoadCenterville, PA16404


Greene & West SalemTownshipsMercer County

PAG098305 Enterline Septic Cleaning196 Maysville RoadJamestown, PA 16134

Charles EnterlineFarm196 Maysville RoadJamestown, PA16134


Warsaw TownshipJefferson County

PAG098301 Williams Septic & DrainServiceR. R. #1, Box 108EReynoldsville, PA 15851

John WilliamsFarmR. R. #1, Box 108EReynoldsville, PA15851


SAFE DRINKING WATER

Actions taken under the Pennsylvania Safe Drink-ing Water Act (35 P. S. §§ 721.1—721.17).

Northcentral Region: Water Supply Management Pro-gram Manager, 208 West Third Street, Williamsport, PA17701.

Permit No. 1400508, Public Water Supply.

Applicant Howard Borough780 Black StreetHoward, PA 16841

Borough Howard BoroughCounty CentreType of Facility Public Water SupplyConsulting Engineer Dana R Boob Surveying &

EngineeringP. O. Box 699136 W. Main St.Millheim, PA 16854

Permit to ConstructIssued

1/29/2001

Southwest Region: Water Management Program Man-ager, 400 Waterfront Drive, Pittsburgh, Pa 15222-4745,(412) 442-4000.

Operations Permit issued to The Authority of theBorough of Charleroi, 31 McKean Avenue, P. O. Box211, Charleroi, Pa 15022-0211, Donora, WashingtonCounty on January 11, 2001.

Operations Permit issued to Kittanning SuburbanJoint Water Authority, R. R. 1, Box 23, Adrian, Pa16210-9712, East Franklin Township, ArmstrongCounty on January 8, 2001.

Operations Permit issued to Wilbur Water Com-pany, 504 Wilbur Road, Stoystown, PA 15563, ShadeTownship, Somerset County on January 17, 2001.

Northwest Region: Water Supply Management ProgramManager, 230 Chestnut Street, Meadville, PA 16335-3481.

Operations Permit issued to: North Warren Mu-nicipal Authority, 4 Hospital Drive, P. O. Box 104,North Warren, Pa 16365, Conewango Township, WarrenCounty on January 18, 2001.

WATER ALLOCATIONS

Actions taken on applications received under theAct of June 24, 1939 (P. L. 842, No. 356) (35 P. S.§ 631-641) relating to the acquisition of rights todivert waters of the Commonwealth.

Southwest Region: Regional Manager, Water SupplyManagement, 400 Waterfront Drive, Pittsburgh, Pa 15222-4745,(412) 442-4000.

WA65-111E, Water Allocations. Municipal Authorityof Westmoreland County, S.W. Corner U.S. Route 30West and South Greengate Road, P. O. Box 730,Greensburg, Pa 15601, Greensburg, WestmorelandCounty.

SEWAGE FACILITIES ACT PLAN APPROVAL

Plan Approvals Granted Under the PennsylvaniaSewage Facilities Act (35 P. S. §§ 750.1—750.20).

Northeast Region: Water Management Program Man-ager, 2 Public Square, Wilkes Barre, PA 18711-0790.

Plan Location:

Borough orTownship

Borough or TownshipAddress

County

Waymart BoroughCanaan Township

P. O. Box 280,Waymart, PA 18472

Wayne

Plan Description: The Plan Revision provides for expan-sion of the existing Waymart Area Authority (WAA)Sewage Treatment Plant (STP) to treat combined sewage

NOTICES 873


flows from a proposed Federal Prison, the existing S.C.I. -Waymart Prison, and WAA customers. The new FederalPrison will be located in Canaan Township on the southside of the Owego Turnpike along S.R. 296. The designcapacity of the upgraded treatment plant is 715,000 gpd,and the existing STP at S.C.I. Waymart is to be aban-doned. The treated effluent will be pumped approximately12,500 ft. downstream of the existing outfall location, to anew location below both Lake Ladore and Keen Pond onVan Auken Creek. A proposed pump station and collectionsewer will convey wastewater from both the existing andproposed prisons easterly along the Owego Turnpike, thennorth along S.R. 296 and across the Wilson ElementarySchool property to the existing STP. Also, an existingWAA pump station in the vicinity of the STP will bephased out and replaced by a new gravity interceptor.The Plan includes a secondary alternative in the eventthe existing S.C.I. Waymart Prison does not participate inthe project. The existing WAA STP is then retrofitted andexpanded to 520,000 gpd to treat the combined sewageflow from the proposed Federal Prison and WAA custom-ers.

Southcentral Region: Water Management ProgramManager, 909 Elmerton Avenue, Harrisburg, PA 17110

Plan Location:

Borough orTownship


County

[Straban Twp] 1745 Granite StationRd., Gettysburg, PA17325]

[Adams]

Plan Description: The approved plan provides for theconstruction of a new wastewater treatment plant toserve the following areas: Oak village MHP, the village ofHunterstown, a proposed Reliant Energy Facility andthree new County Projects. Combined wastewater flowsare estimated at 225,000 gpd. The proposed developmentis located along PA Rt. 394 and Granite Station Rd inStraban Township, Adams County. The Department’sreview of the sewage facilities update revision has notidentified any significant environmental impacts resultingfrom this proposal. Any required NPDES Permits orWQM Permits must be obtained in the name of themunicipality or authority as appropriate.

Northwest Region: Water Management Program Man-ager, 230 Chestnut Street, Meadville, PA 16335-3481.

Plan Location:

Borough orTownship


County

Prospect Borough P. O. Box 308, Prospect,PA 16052

Butler

Plan Description: The approved plan provides for theinstallation of a760,000 gallon flow equalization tank toeliminate wet weather sanitary sewer overflows into LakeArthur, Morraine State Park.

The Department’s review of the sewage facilities updaterevision has not identified any significant environmentalimpacts resulting from this proposal. Any requiredNPDES Permits or WQM Permits must be obtained inthe name of the municipality or authority as appropriate.

HAZARDOUS SITES CLEAN-UP UNDER THE ACTOF OCTOBER 18, 1988

SETTLEMENT UNDER THE COMPREHENSIVEENVIRONMENTAL RESPONSE, COMPENSATION

AND LIABILITY ACT AND THE HAZARDOUSSITES CLEANUP ACT

The Department of Environmental Protection (Depart-ment), under the authority of the Hazardous SitesCleanup Act (HSCA) (35 P. S. §§ 6020.101—6020.1305)and the Comprehensive Environmental Response, Com-pensation and Liability Act (CERCLA) (42 U.S.C.A.§§ 9601—9675), has entered into a proposed settlementwith:

Cornell Creciun to resolve his liability for responsecosts incurred to remediate hazardous substances storedand/or disposed at the Susquehanna Road Drum Site (Site). This Site is located at 1668 Susquehanna Road inUpper Dublin Township, Montgomery County, PA andincludes a barn where drums and compressed gas cylin-ders of hazardous substances were stored.

In May, 1998, the Department received a complaintabout fuming drums of unknown materials stored at theSite. An emergency investigation by the Departmentrevealed the presence of numerous unlabeled drums,some of which contained silicon tetrachloride, a reactiveand corrosive hazardous substance which reacts with airand causes the release of hydrogen chloride gas into theatmosphere. Additionally, the Department discovered ap-proximately 200 compressed gas cylinders, some of whichcontained silicon, a reactive hazardous substance. Basedupon the volatile conditions at the Site, including thethreat of fire or explosion, the Department conducted aprompt interim response under Section 505(b) of HSCA(35 P. S. § 6020.505(b)) to abate the release and threat ofrelease of hazardous substances. The Department in-curred $140,743.81 in response costs for this Site.

Cornell Creciun leased space in the barn on the Siteand subleased space to a party who stored hazardoussubstances on the Site. Therefore, Mr. Creciun is a‘‘responsible person’’ in accordance with Section 701 ofHSCA (35 P. S. § 6020.701) and as such, he has agreed toreimburse the Department for a share of the responsecosts expended at the Site. The Department’s financialinquiry of Mr. Creciun indicates that based on hisavailable assets and certification concerning his financialcircumstances, he is unable to pay a substantial portionof the Department’s response costs. Accordingly, to resolveMr. Creciun’s liability, the Department and Mr. Creciunhave executed a Consent Order and Agreement for Inabil-ity to Pay which requires Mr. Creciun to reimburse theDepartment in the amount of $1,400.

This notice is provided under Section 1113 of HSCA (35P. S. § 6020.1113), which provides that ‘‘settlement shallbecome final upon the filing of the Department’s responseto the significant written comments.’’ The Consent Orderand Agreement, which contains the specific terms of thesettlement is available for public review and comment.The agreement can be examined from 8 a.m. to 4 p.m. atthe Department’s Southeast Regional Office, located inLee Park, 555 North Lane, Suite 6010, Conshohocken, PA19428, by contacting either Donna Suevo at (610) 832-6194 or Gina M. Thomas, at (610) 832-6300 or electroni-cally at [email protected] and [email protected] respectively. A public comment period onthe Consent Order and Agreement will extend for 60 daysfrom today’s date. Persons may submit written commentsregarding the agreement within 60 days from today’sdate, by submitting them to Donna Suevo at the aboveaddress.

874 NOTICES


PUBLIC NOTICE OF PROPOSED CONSENTORDER AND AGREEMENT

Fischer & Porter Company, Warminster Township,Bucks County.

The Department of Environmental Protection (Depart-ment), under the authority of the Hazardous SitesCleanup Act (HSCA) (35 P. S. §§ 6020.101—6020.1304)(HSCA) and the Comprehensive Environmental Response,Compensation, and Liability Act, 42 U.S.C. § 9601 etseq. (CERCLA), has entered into a Prospective PurchaserAgreement with Blue Marlin Associates for reimburse-ment of certain response costs incurred to remediatehazardous substances disposed at the Fischer & PorterCompany Superfund Site (site). This site is located at 125East County Line Road in Warminster Township, BucksCounty.

This site consists of a plume of groundwater contamina-tion, which has impacted municipal water supply wells.In September 1983, the site was placed on the NationalPriorities List and in 1984, EPA issued its first Record ofDecision (ROD) indicating that the industrial degreasingagents (trichloroethene) TCE and (perchloroethene) PCE,used by Fischer and Porter Company contaminated thegroundwater. Under a 1984 Consent Decree with theUnited States Environmental Protection Agency (EPA),Fischer and Porter Company initiated groundwaterpumping and treatment to remedy contamination associ-ated with the Fischer & Porter Site. In 1998, EPA issueda second ROD for the site which selected the ‘‘No FurtherAction’’ alternative and indicated that EPA would notrequire any additional action other than the operationand maintenance of the groundwater pump and treat-ment system already on the site.

Blue Marlin desires to purchase an 8.4 acre portion ofthe Fischer & Porter Site, which is located along Jackson-ville Road between County Line Road and Potter Streetin Warminster PA and intends to lease the Site to amanufacturer of specialized equipment for law enforce-ment and fire department vehicles.

Under its authority under among other things, Section501(a) of HSCA (35 P. S. § 6020.501(a)), the Departmenthas incurred oversight response cost to remediate hazard-ous substances disposed on the Site. The Department hasdetermined that it is in the public interest to resolve itsclaim against Blue Marlin Associates. Therefore, BlueMarlin shall reimburse the Department for certain re-sponse costs in the amount of $1,500 and shall receivecontribution protection from claims related to its pur-chase and ownership of the Site.

This notice is provided under Section 1113 of HSCA (35P. S. § 6020.1113), which states that ‘‘settlement shallbecome final upon the filing of the Department’s responseto the significant written comments.’’ The Consent Orderand Agreement, which contains the specific terms of theagreement is available for public review and comment.The agreement can be examined from 8 a.m. to 4 p.m. atthe Department’s Southeast Regional Office, located inLee Park, 555 North Lane, Suite 6010, Conshohocken PA19428, by contacting either David Ewald at (610) 832-6200 or Gina M. Thomas at (610) 832-6300. David Ewaldand Gina Thomas may also be contacted electronically [email protected] and [email protected], respectively. A public comment period on theConsent Order and Agreement will extend for 60 daysfrom today’s date. Persons may submit written commentsregarding the agreement within 60 days from today’sdate, by submitting them to Mr. Ewald at the aboveaddress.



The following final reports were submitted underthe Land Recycling and Environmental Remedia-tion Standards Act (35 P. S. §§ 6026.101—6026.908).

Provisions of Chapter 3 of the Land Recycling andEnvironmental Remediation Standards Act (Act) requirethe Department of Environmental Protection (Depart-ment) to publish in the Pennsylvania Bulletin a notice ofsubmission of final reports. A final report is submitted todocument cleanup of a release of a regulated substance ata site where one of the Act’s remediation standards. Afinal report provides a description of the site investigationto characterize the nature and extent of contaminants inenvironmental media, the basis for selecting the environ-mental media of concern, documentation supporting theselection of residential or non-residential exposure fac-tors, a description of the remediation performed, andsummaries of sampling analytical results which demon-strate that remediation has attained the cleanup stan-dard selected.

For further information concerning the final report,please contact the Environmental Cleanup Program Man-ager in the Department of Environmental ProtectionRegional Office under which the notice of receipt of afinal report appears. If information concerning a finalreport is required in an alternative form, contact theCommunity Relations Coordinator at the appropriateRegional Office listed. TDD users may telephone theDepartment through the AT&T Relay Service at (800)654-5984.

The Department has received the following final re-ports:


Plymouth Greene Office Park, Plymouth Township,Montgomery County. Samuel J. Kucia, EnvironmentalConsulting, Inc., 500 East Washington Street, Suite 375,Norristown, PA 19401, on behalf of Plymouth GreenDevelopment Associates, Suite 200, 33 Rock Hill Road,has submitted a Final Report concerning remediation ofsite soil contaminated with lead, BTEX and petroleumhydrocarbons. The report is intended to documentremediation of the site to meet the Statewide HealthStandard.

Northeast Region: Environmental Cleanup ProgramManager, 2 Public Square, Wilkes Barre, PA 18711-0790.

St. Paul’s Evangelical Lutheran Church, KingstonTownship, Luzerne County. Eric B. Rosina, ProjectManager, Storb Environmental, Inc., 410 N. Easton Road,Willow Grove, PA 19090 submitted a Final Report (onbehalf of his client, St. Paul’s Evangelical LutheranChurch, 196 N. Main Street, Shavertown, PA 18708)concerning the remediation of site soils found or sus-pected to have been contaminated with no. 2 heating oilconstituents. The report was submitted to documentremediation of the site to meet the Statewide healthstandard. A Notice of Intent to Remediate was simulta-neously submitted.

NOTICES 875


Phoebe Floral, Whitehall Township, Lehigh County.Samuel S. Harrison, Hydrogeologist, HarrisonHydrosciences, 435 Main Street, P. O. Box 908,Saegertown, PA 16433 submitted a Final Report (onbehalf of his client, Phoebe Floral, Inc. 2102 HamiltonStreet, Allentown, PA 18104) concerning the remediationof site soils and groundwater found or suspected to havebeen contaminated with no. 2 heating oil constituents.The report was submitted to document remediation of thesite to meet the Statewide health standard. A Notice ofIntent to Remediate was simultaneously submitted.



The Department has taken action on the followingplans and reports under the Land Recycling andEnvironmental Remediation Standards Act (35P. S. §§ 6026.101—6026.908).

Provisions of 25 Pa. Code § 250.8, Administration ofthe Land Recycling and Environmental RemediationStandards Act (Act) requires the Department of Environ-mental Protection (Department) to publish in the Penn-sylvania Bulletin a notice of its final actions on plans andreports. A final report is submitted to document cleanupof a release of a regulated substance at a site to one ofthe remediation standards of the Land Recycling andEnvironmental Remediation Standards Act. Plans andreports required by provisions of the Act for compliancewith selection of remediation to a site-specific standard,in addition to a final report, include a remedial investiga-tion report, risk assessment report and cleanup plan. Aremedial investigation report includes conclusions fromthe site investigation, concentration of regulated sub-stances in environmental media; benefits of refuse of theproperty and, in some circumstances, a fate and transportanalysis. If required, a risk assessment report describespotential adverse effects caused by the presence of regu-lated substances. A cleanup plan evaluates the abilities ofpotential remedies to achieve remedy requirements. Afinal report provides a description of the site investigationto characterize the nature and extent of contaminants inenvironmental media, the basis of selecting the environ-mental media of concern, documentation supporting theselection of residential or non-residential exposure fac-tors, a description of the remediation performed andsummaries of sampling methodology and analytical re-sults which demonstrate that the remediation has at-tained the cleanup standard selected. The Departmentmay approve or disapprove plans and reports submitted.This notice provides the Department’s decision and, ifrelevant, the basis for disapproval.

For further information concerning the plans and re-ports, please contact the Environmental Cleanup ProgramManager in the Department of Environmental ProtectionRegional Office under which the notice of the plan orreport appears. If information concerning a final report isrequired in an alternative form, contact the CommunityRelations Coordinator at the appropriate Regional Officelisted. TDD users may telephone the Department throughthe AT&T Relay Service at (800) 654-5984.

The Department has acted upon the following finalreports:


Emilee Atlee Residence, Haverford Township, Dela-ware County. Donald G. Puglio, P.G., EnvironmentalProducts & Services, Inc., P. O. Box 501, Carnegie, PA,15106, on behalf of Louis Dreyfus Holding Co., Inc. c/oCrawford & Co., 600 Reed Road, Broomall PA 19008, hassubmitted a Final Report concerning remediation of sitesoil contaminated with petroleum hydrocarbons. The re-port demonstrated attainment of the Statewide HealthStandard and was approved by the Department on Janu-ary 10, 2001.

Meadows at Skippack, Skippack Township, Mont-gomery County. Mark J. Irani, P.G., RT EnvironmentalServices, Inc., 215 W. Church Road, King of Prussia, PA19406, on behalf of Willits Pond, Inc., 450 S. GraversRoad, Plymouth Meeting, PA 19462, has submitted aFinal Report concerning remediation of site soil contami-nated with lead, heavy metals and polycyclic aromatichydrocarbons. The report demonstrated attainment of theStatewide Health Standard and was approved by theDepartment on January 19, 2001.

Marcantonio Residence, Phoenixville Borough,Chester County. David R. Crowther, Hydrocon Services,Inc., 2945 S. Pike Avenue, Allentown, PA 18103, on behalfof Fred and Ann Marcantonio, 13 E. High St.,Phoenixville, PA 19453, has submitted a Final Reportconcerning remediation of site groundwater contaminatedwith BTEX and polycyclic aromatic hydrocarbons. Thereport demonstrated attainment of the Statewide HealthStandard and was approved by the Department on Janu-ary 19, 2001.

Sun Pipe Line Co., East Goshen Township, ChesterCounty. Jennifer L. Stafford, P.G.,Groundwater & Envi-ronmental Services, Inc., 410 Eagleview Blvd., Suite 110,Exton, PA 19341, has submitted a Final Report concern-ing remediation of site soil and groundwater contami-nated with BTEX and petroleum hydrocarbons. The re-port demonstrated attainment of the Statewide HealthStandard and was approved by the Department on Janu-ary 23, 2001.

HAZARDOUS WASTE TRANSPORTER LICENSE

Hazardous Waste Transporter License issued, re-newed or amended under the Solid Waste Man-agement Act (35 P. S. §§ 6018.101—6018.1003) andregulations to transport hazardous waste.

Central Office: Bureau of Land Recycling and WasteManagement, Division of Hazardous Waste Management,P. O. Box 8471, Harrisburg, PA 17105-8471.

HAZARDOUS WASTE TRANSPORTERLICENSE RENEWED

Dart Trucking Company, Inc., 61 Railroad Street,P. O. Box 89, Canfield, OH 44406. License No. PA-AH0219. Effective January 19, 2001.

Elliott Truck Line, Inc., P. O. Box 1, 532 SouthWilson Street, Vinita, OK 74301. License No. PA-AH0355. Effective January 29, 2001.

876 NOTICES


HAZARDOUS WASTE TRANSPORTERLICENSE AMENDED

SMP, Inc., 402 Rt. 519, Phillipsburg, NJ 08865, Li-cense No. PA-AH S221. Effective January 23, 2001.

Hazardous Waste Transporter License revoked, sus-pended, denied or reinstated under the SolidWaste Management Act (35 P. S. §§ 6018.101—6018.1003) and regulations to transport hazardouswaste.

Central Office: Bureau of Land Recycling and WasteManagement, Division of Hazardous Waste Management,P. O. Box 8471, Harrisburg, PA 17105-8471.

HAZARDOUS WASTE TRANSPORTERLICENSE SUSPENDED

Chemical Conservation Corporation, 10100 RocketBlvd., Orlando, FL 32824. License No. PA-AH 0518.Effective January 23, 2001.

EMC Environmental Services Corp., 132 RomeStreet, Farmingdale, NY 11735. License No. PA-AH 0590.Effective January 23, 2001.

Environmental Industries Services Corp. of NewJersey, 524-B South Walnut Street, Wilmington, DE19801. License No. PA-AH 0457. Effective January 23,2001.

Price Trucking Corp., P. O. Box 70, Buffalo, NY14220. License No. PA-AH 0371. Effective January 23,2001.

Qualified Transport Corporation, P. O. Box 288,Port Allen, LA 70767. License No. PA-AH 0598. EffectiveJanuary 23, 2001.

Stranco, Inc., 70459 Highway 59, Abita Spring, LA70420. License No. PA-AH 0611. Effective January 23,2001.

AIR QUALITY

General Plan Approval and Operating Permit usageAuthorized under the Air Pollution Control Act(35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter127 to construct, modify, reactivate or operate aircontamination sources and associated air clean-ing devices.


AQ-SE-0014: Haines & Kibblehouse, Inc. (300Skunk Hollow Road, Chalfont, PA 18914) on January 17,2001, for a Portable Crushing Plant in Hilltown Town-ship, Bucks County.

Southwest Region: Air Quality Program, 400 WaterfrontDrive, Pittsburgh, PA 15222-4745.

32-00146: Columbia Gas Transmission Corp.—Homer City Compressor Station (1700 MacCorkleAvenue, S.E., Charleston, WV 25325) on January 17,2001, for installation of a Natural Gas Compressor En-gine in White Township, Indiana County.

32-00147: Columbia Gas Transmission Corp.—KentCompressor Station (1700 MacCorkle Avenue, S.E.,Charleston, WV 25325) on January 17, 2001, for installa-tion of a Natural Gas Compression Engine in Black LickTownship, Indiana County.

Administrative Operating Permit Amendments Is-sued under the Air Pollution Control Act (35 P. S.§§ 4001—4015) and 25 Pa. Code § 127.450 (relatingto administrative operating permit amendments).


15-0015: Sartomer Co., Inc. (610 South BolmarStreet, West Chester, PA 19382) on January 24, 2001, forSynthetic Minor NOx Facility in West Chester Borough,Chester County.

Operating Permits Issued under the Air PollutionControl Act (35 P. S. §§ 4001—4015) and 25Pa. Code Chapter 127, Subchapter F (relating tooperating permit requirements).


09-00076: Cartex Corp. (200 Rock Run Road, FairlessHills, PA 19030) issued a Title V Operating Permit onJanuary 22, 2001, for operation of a Facility Title VOperating Permit in Falls Township, Bucks County.


67-05013: York City Sewer Authority (1701 BlackBridge Road, York, PA 17402) on January 23, 2001, for aSynthetic Minor Operating Permit at the York CityWastewater Treatment Plant in Manchester Township,York County.

Philadelphia Department of Public Health, Air Manage-ment Services: 321 University Ave., Philadelphia, PA19104.

95-019: Exxon Mobil Corp. (2401 Pennsylvania Av-enue, Philadelphia, PA 19130) issued a Title V OperatingPermit on December 28, 2000, for operation of a gasolineterminal with air emission sources which include agasoline loading rack with a carbon adsorption vaporrecovery unit, 10 gasoline storage tanks and fugitiveemissions from valves, pumps, and flanges in the City ofPhiladelphia, Philadelphia County.

95-039: Sunoco, Inc. (R&M)—Schuylkill RiverTank Farm (70th Street and Essington Avenue, Philadel-phia, PA 19145) issued a Title V Operating Permit onDecember 28, 2000, for operation of a gasoline storagetank farm with air emission sources which include 23storage tanks for gasoline and other petroleum products,an oil-water separator, and a propane loading rack with aflare in the City of Philadelphia, Philadelphia County.

95-075: Aldan Rubber Co. (Tioga and Salmon Streets,Philadelphia, PA 19134) issued a Title V OperatingPermit on December 28, 2000, for operation of a customrubber coated fabric manufacturing facility with air emis-sion sources which include seven rubber/toluene spreadcoaters and two rubber/toluene churn rooms controlled bya carbon adsorption system, a 25 MMBTU/hr dual-firedboiler, a crumber processing waste rubber and toluenecontrolled by a condenser, eight particulate sources pro-cessing rubber, starch, and additives controlled by threecyclones and two dust collectors, and four vulcanizingovens in the City of Philadelphia, Philadelphia County.

95-095: Amoroso’s Baking Co. (845 South 55thStreet, Philadelphia, PA 19143) on January 10, 2001, foroperation of a wholesale bakery with air emission sourceswhich include two natural gas or No. 2 oil-fired boilerseach rated at 6.7 MMBTU/hr, six natural gas or No. 2

NOTICES 877


fuel oil-fired ovens each rated at or less than 3.5MMBTU/hr that process straight-dough at a capacity of1350 lbs/hr, one gasoline storage tank and distributionwith Stage I and Stage II Vapor Recovery Systems, andone diesel vehicle fueling station in the City of Philadel-phia, Philadelphia County.

95-036: Avery Dennison, Philadelphia Plant (7722Dungan Road, Philadelphia, PA 19111) on January 10,2001, for operation of a commercial printing facility thatperforms flexographic printing of labels, including paperconverting with air emission sources which include onetrim system and 13 flexographic printing presses eachwith a web width � 18 inches and control device (onetrim system dust collector) in the City of Philadelphia,Philadelphia County.

96-036: Richards Apex, Inc. (4202-24 Main Street,Philadelphia, PA 19127) on January 10, 2001, for opera-tion of manufacturing metal working lubricants with airemission sources which include two natural gas or No. 5oil-fired boilers each rated at 8.375 MMBTU/hr and 13mixing vessels processing fatty oils and sulfur and controldevices (one scrubber and one cyclone dust collector) inthe City of Philadelphia, Philadelphia County.

96-027: Delaware Valley Wool Scouring Co. (3419Richmond Street, Philadelphia, PA 19134) on January 16,2001, for operation of blending, bleaching, and cleaningraw wool with air emission sources which include a 21.56MMBTU/hr No. 6 oil-fired boiler, a bale breaker/blendercontrolled by a baghouse, two cone dusters controlled by abaghouse, a squirrel cage controlled by a baghouse, and acompressor/baler controlled by a baghouse in the City ofPhiladelphia, Philadelphia County.

97-006: Halpern and Co., Inc. (3132 West ThompsonStreet, Philadelphia, PA 19121) on January 16, 2001, foroperation of remelting and refining of nonferrous metalswith air emission sources which include a 20,000 lb No. 2oil-fired rotary furnace rated at 7.0 MMBTU/hr controlledby a baghouse, a 15,000 lb No. 2 oil-fired rotary furnacerated at 5.6 MMBTU/hr controlled by a baghouse, two No.2 oil-fired alloy kettles each rated at 5.5 MMBTU/hrcontrolled by a common baghouse, four No. 2 oil-firedalloy kettles each rated at 1.4 MMBTU/hr controlled by acommon baghouse, and two natural gas-fired alloy kettlesrated at 235,000 BTU/hr controlled by a commonbaghouse in the City of Philadelphia, PhiladelphiaCounty.

Nitrogen Oxides (NOx) Allowance AllocationsProgram

Revisions to Title V/State Only Operating Permitsto include Conditions relating to NOx Allowance

Requirements in 25 Pa. Code §§ 145.1—145.100

Notice is hereby given that the Department of Environ-mental Protection (Department) has revised the followingOperating Permits to incorporate the provisions of 25Pa. Code §§ 145.1—145.90. These regulations establish aNOx Budget and a NOx Budget Trading Program for NOxbudget units for the purpose of achieving the health-based ozone ambient air quality standard. The Depart-ment has establishing a NOx Allowance Allocation foreach NOx budget unit listed in the permit under theprovisions of 25 Pa. Code § 145.42.

Any person aggrieved by this action may appeal, underSection 4 of the Environmental Hearing Board Act (35P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704(relating to the Administrative Agency Law) to the Envi-ronmental Hearing Board, Second Floor, Rachel CarsonState Office Building, 400 Market Street, P. O. Box 8457,

Harrisburg, PA 17105-8457, (717) 787-3483. TDD usersmay contact the Board through the Pennsylvania RelayService, (800) 654-5984. Appeals must be filed with theEnvironmental Hearing Board within 30 days of receiptof written notice of this action unless the appropriatestatute provides a different time period. Copies of theappeal form and the Board’s rules of practice and proce-dure may be obtained from the Board. The appeal formand the Board’s rules of practice and procedure are alsoavailable in braille or on audiotape from the Secretary tothe Board at (717) 787-3483. This paragraph does not, inand of itself, create any right of appeal beyond thatpermitted by applicable statutes and decisional law.

Copies of these permits and other relevant informationare available for review at the address given below:

Bureau of Air Quality, Division of Permits, RachelCarson State Office Building, P. O. Box 8468, Harrisburg,PA 17105-8468, (717) 787-4325.

0013: LTV Steel Company (3100 East 45th St.,Cleveland, OH 44127-1094) located in the City of Pitts-burgh, Allegheny County.

02-0054: Orion Power MidWest, L.P. (7 East Red-wood Street, Baltimore, MD 21202) located in SpringdaleBorough, Allegheny County.

03-00027: Keystone Owners Group (P. O. Box 68 682Philadelphia Street, Indiana, PA 15701) located inPlumcreek Township, Armstrong County.

03-0023: Allegheny Energy Supply Company,L.L.C. (800 Cabin Hill Dr, Greensburg, PA 15601) locatedin Washington Township, Armstrong County.

04-00044: Zinc Corporation Of America (300 Frank-fort Road, Monaca, PA 15061) located in Potter Township,Beaver County.

04-00446: AES Beaver Valley Partners Inc. (394Frankfort Road, Monaca, PA 15061) located in PotterTownship, Beaver County.

04-0235: Pennsylvania Power Co. (P. O. Box 128,Shippingport, PA 15077) located in Shippingport Borough,Beaver County.

06-05024: Reliant Energy Mid Atlantic PowerHoldings LLC (1001 Broad Street, Johnstown, PA15907) located in Cumru Township, Berks County.

06-05033: Texas Eastern Trans Corp (P. O. Box1642, Houston, TX 77251) located in Washington Town-ship, Berks County.

09-00016: PECO Energy (2600 Monroe Blvd., Nor-ristown, PA 19403) located in Bristol Township, BucksCounty.

09-0066: PECO Energy (2600 Monroe Blvd., Nor-ristown, PA 19403) located in Falls Township, BucksCounty.

11-0318: Ebensburg Power Company (20 S VanBuren Ave, Barberton, OH 44203-0351) located inCambria Township, Cambria County.

11-0332: Cambria CoGen Company (7201 HamiltonBlvd, Allentown, PA 18195) located in Cambria Township,Cambria County.

11-0378: Inter-Power/AhlCon Partners LP (ColverPower Project) (2591 Wexford-Bayne Road, Ste 204,Sewickley, PA 15143) located in Cambria Township,Cambria County.

878 NOTICES


13-00003: Panther Creek Partners (1001 IndustrialRoad, Nesquehoning, PA 18240) located in NesquehoningBorough, Carbon County.

15-00019: PECO Energy (2600 Monroe Blvd., Nor-ristown, PA 19403) located in East Pikeland Township,Chester County.

16-00127: Piney Creek LP (428 Power Lane, Clarion,PA 16214) located in Piney Township, Clarion County.

17-00001: Reliant Energy Mid Atlantic PowerHoldings LLC (1001 Broad Street, Johnstown, PA15907) located in Bradford Township, ClearfieldCounty.

18-00002: International Paper Co (South HighlandStreet, Lock Haven, PA 17745) located in CastaneaTownship, Clinton County.

20-00265: Reliant Energy Mid Atlantic PowerHoldings LLC (1001 Broad Street, Johnstown, PA15907) located in Wayne Township, Crawford County.

21-2010: Reliant Energy Mid Atlantic Power Hold-ings LLC (1001 Broad Street, Johnstown, PA 15907)located in South Middleton Township, CumberlandCounty.

23-0001: Sunoco Inc. (R&M) (P. O. Box 426, MarcusHook, PA 19061-0426) located in Marcus Hook Borough,Delaware County.

23-0003: Marcus Hook Operating Company (4101Post Road, Trainer, PA 19061) located in Trainer Borough,Delaware County.

23-0014A: Kimberly-Clark (Front and Ave of theStates, Chester, PA 19013) located in the City of Chester,Delaware County.

23-0017: PECO Energy (2600 Monroe Blvd., Nor-ristown, PA 19403) located in Eddystone Borough, Dela-ware County.

23-0084: FPL Energy MH50 LP (700 Universe Blvd.,Juno Beach, FL 33408) located in Marcus Hook Borough,Delaware County.

24-00009: Willamette Industries Inc (100 CenterStreet, Johnsonburg, PA 15845) located in JohnsonburgBorough, Elk County.

25-00025: General Electric Co (2901 East LakeRoad, Erie, PA 16531) located in the City of Erie, ErieCounty.

25-00923: NEPA Energy LP (2 South Portage Street,Westfield, NY 14787) located in North East Township,Erie County.

30-0099: Allegheny Energy Supply Company,L.L.C. (800 Cabin Hill Dr, Greensburg, PA 15601) locatedin Monongahela Township, Greene County.

32-00040: Reliant Energy Mid Atlantic PowerHoldings LLC (1001 Broad Street, Johnstown, PA15907) located in West Wheatfield Township, IndianaCounty.

32-00059: Conemaugh Owners Group (P. O. Box 68682 Philadelphia Street, Indiana, PA 15701) located inWest Wheatfield Township, Indiana County.

32-0055: EME Homer City Generation LP (1750Power Plant Rd, Homer City, PA 15748) located in CenterTownship, Indiana County.

36-05016: PP&L Inc (2 North Ninth Street, Allen-town, PA 18101) located in Martic Township, LancasterCounty.

40-00005: UGI Corp (400 Steward Road, Wilkes-Barre, PA 18773) located in Hunlock Township, LuzerneCounty.

40-00021: Williams Generation Company-Hazleton(P. O. Box 2848-WRO-A, Tulsa, OK 74101-9567) located inHazle Township, Luzerne County.

46-0005: Merck & Co (Sumneytown Pike, West Point,PA 19486-0004) located in Upper Gwynedd Township,Montgomery County.

47-00001: PPL Montour LLC (2 North Ninth Street,Allentown, PA 18101) located in Derry Township,Montour County.

48-00006: Reliant Energy Mid Atlantic PowerHoldings LLC (1001 Broad Street, Johnstown, PA15907) located in Upper Mt Bethel Township, North-ampton County.

48-00011: PPL Martins Creek LLC (2 North NinthStreet, Allentown, PA 18101) located in Lower MountBethel Township, Northampton County.

48-00021: Northampton Generating Company (1Horwith Drive, Northampton, PA 18067) located in North-ampton Borough, Northampton County.

48-0013: Bethlehem Steel Corp (1170 8th Avenue,Bethlehem, PA 18016) located in the City of Bethlehem,Northampton County.

49-00001: Foster Wheeler Mt Carmel Inc (MarionHeights Road, Marion Heights, PA 17832) located inMount Carmel Township, Northumberland County.

50-05001: Texas Eastern Trans Corp (P. O. BOX1642, Houston, TX 77251) located in Carroll Township,Perry County.

95-001: Trigen—Philadelphia Energy Corp (2600Christain Street, Philadelphia, PA 19146) located in theCity of Philadelphia, Philadelphia County.

95-002: Trigen—Philadelphia Energy Corp (2600Christian Street, Philadelphia, PA 19146) located in theCity of Philadelphia, Philadelphia County.

95-004: PECO Energy (2600 Monroe Blvd., Nor-ristown, PA 19403) located in the City of Philadelphia,Philadelphia County.



95-029: U S Naval Base (NSWCCD-SSES, Philadel-phia, PA 19112-5083) located in the City of Philadelphia,Philadelphia County.

95-038: Sunoco Inc. (R&M) (3144 Passyunk Ave,Philadelphia, PA 19145-5208) located in the City ofPhiladelphia, Philadelphia County.

95-047: Sunoco Inc. (Margaret & Burmuda Sts, Phila-delphia, PA 19137-1193) located in the City of Philadel-phia, Philadelphia County.

54-00003: Schuylkill Energy Resources (P. O. Box112, Shenendoah, PA 17976) located in Mahanoy Town-ship, Schuylkill County.

54-00004: Gilberton Power Company (50 EleanorAvenue, Frackville, PA 17931) located in West MahanoyTownship, Schuylkill County.

NOTICES 879


54-00005: Wheelabrator Frackville Energy Co (500Morea Road, Frackville, PA 17931) located in MahanoyTownship, Schuylkill County.

54-00006: CinCap VI, LLC (677 Baeten Road, GreenBay, WI 54304) located in Frailey Township, SchuylkillCounty.

54-00008: Northeastern Power Company (P. O. Box7, McAdoo, PA 18237) located in Kline Township, Schuyl-kill County.

55-00001: WPS Resources Corp (677 Baeten Road,Green Bay, WI 54304) located in Monroe Township,Snyder County.

61-00181: Scrubgrass Generating Company LP(R. R.1, Box 238, Kennerdell, PA 16374) located inScrubgrass Township, Venango County.

62-00012: Reliant Energy Mid Atlantic PowerHoldings LLC (1001 Broad Street, Johnstown, PA15907) located in Conewango Township, Warren County.

63-0014: Orion Power MidWest, L.P. (7 East Red-wood Street, Baltimore, MD 21202) located in UnionTownship, Washington County.

63-0016: Allegheny Energy Supply Company,L.L.C. (800 Cabin Hill Dr, Greensburg, PA 15601) locatedin Union Township, Washington County.

67-05004: Glatfelter P H Co (228 South Main Street,Spring Grove, PA 17362) located in Spring Grove Bor-ough, York County.

67-05005: PPL Brunner Island LLC (2 North NinthStreet, Allentown, PA 18101) located in East ManchesterTownship, York County.

67-2028: Reliant Energy Mid Atlantic Power Hold-ings LLC (1001 Broad Street, Johnstown, PA 15907)located in Hopewell Township, York County.

AIR QUALITY

Plan Approvals Extensions Issued under the AirPollution Control Act (35 P. S. §§ 4001—4015) and25 Pa. Code § 127.13 (relating to extensions).


15-0086: Bakery Feeds (97 West Brook Drive, HoneyBrook, PA 19344) on January 26, 2001, for operation of aBakery Waste Recycling Operation in West BrandywineTownship, Chester County.


36-05015B: Dart Container Corp. (60 East MainStreet, Leola, PA 17540) on January 29, 2001, for opera-tion of the direct injection foam processing operation,covered under this Plant Approval until May 28, 2001, atLeola Plant in Upper Leacock Township, LancasterCounty.

67-304-044: R. H. Sheppard Co., Inc. (P. O. Box 877,Hanover, PA 17331) on January 26, 2001, for operation ofa casting cleaning operations, covered under this PlanApproval until May 26, 2001, at Plant No. 7 in HanoverBorough, York County.

Northcentral Region: Air Quality Program, 208 WestThird Street, Williamsport, PA 17701.

17-305-042: DTE River Hill, LLC (P. O. Box 8614,Ann Arbor, MI 48107), owner, and Headwaters, Inc.(11778 South Election Drive, Draper, UT 84020), operator,

on January 19, 2001, for operation of a coal finesagglomeration facility on a temporary basis until May 19,2001, in Karthaus Township, Clearfield County.

17-309-016C: TYK America, Inc. (301 BrickyardRoad, Clairton, PA 15025) on January 19, 2001, foroperation of a refractory dryer on a temporary basis untilMay 19, 2001, in Irvona Borough, Clearfield County.


65-910A: McKnight Cylinder Co. (168 Pattern ShopRoad, RD1, Box 338, Ruffsdale, PA 15679) on January 26,2001, for operation of a Cylinder Reconditioner in SouthHuntingdon Township, Westmoreland County.

Plan Approvals Issued under the Air Pollution Con-trol Act (35 P. S. §§ 4001—4015) and 25 Pa. CodeChapter 127, Subchapter B (relating to plan ap-proval requirements).


39-318-105: Ultra Hi-Tek Products (827 NorthMeadow Street, Allentown, PA 18102) on January 23,2001, for construction of a film coating line and associatedair cleaning device in Allentown, Lehigh County.


01-03015: Hanover Lantern, Inc. (350 Kindig Lane,Hanover, PA 17331) on January 25, 2001, for constructionof six (6) spray paint booths and two (2) hand paintingstations in Conewago Township, Adams County.


63-014D: Orion Power Midwest, LP—Elrama Sta-tion (2000 Cliff Mine Road, Suite 200, Pittsburgh, PA15275) on January 23, 2001, for operation of SNCR Units1, 2 and 3 in Union Township, Washington County.

26-521A: Thomas M. Dolfi Funeral Home (136North Gallatin Avenue, Uniontown, PA 15401) on January23, 2001, for operation of Cremator #1 in Uniontown,Fayette County.

11-436A: Penn Cambria School District (205 6thStreet, Cresson, PA 16630) on January 24, 2001, foroperation of a Space Heating Boiler at Penn CambriaMiddle School in Gallitzin Borough, Cambria County.

63-641C: Regal Industrial Corp. (P. O. Box 291,Donora, PA 15033) on January 19, 2001, for operation ofDust Collector #3 at Donora Plant in Donora Borough,Washington County.

Plan Approvals Transferred under the Air PollutionControl Act (35 P. S. §§ 4001—4015) and 25Pa. Code § 127.32 (relating to transfer of planapprovals).


03-220A: Spicer Energy II LLC (100 Nyala Farm,Westport, CT 06880) on December 31, 2000, for theSynthetic Fuel Production Facility formerly known asSpicer Energy LLC, Keystone Power Plant in EldertonBorough, Armstrong County.

880 NOTICES


ACTIONS ON COAL AND NONCOAL MININGACTIVITY APPLICATIONS

Actions on applications under the Surface MiningConservation and Reclamation Act (52 P. S.§§ 1396.1—1396.19a); the Noncoal Surface MiningConservation and Reclamation Act (52 P. S.§§ 3301—3326); The Clean Streams Law (35 P. S.§§ 691.1—691.1001); the Coal Refuse Disposal Con-trol Act (52 P. S. §§ 30.51—30.66); The BituminousMine Subsidence and Land Conservation Act (52P. S. §§ 1406.1—1406.21). The final action on eachapplication also constitutes action on the requestfor 401 Water Quality Certification. Mining activ-ity permits issued in response to such applica-tions will also address the application permittingrequirements of the following statutes; the AirQuality Control Act (35 P. S. §§ 4001—4015); theDam Safety and Encroachments Act (32 P. S.§§ 693.1—693.27); and the Solid Waste Manage-ment Act (35 P. S. §§ 6018.101—6018.1003).

Coal Permits IssuedPottsville District Mining Office: 5 West Laurel Boule-

vard, Pottsville, PA 17901-2454.40990202C. HUD, Inc. t/a Emerald Anthracite,

(P. O. Box 27, Nanticoke, PA 18634), correction to anexisting coal refuse reprocessing operation in Newportand Hanover Townships, Luzerne County affecting104.2 acres, receiving stream—none. Correction issuedJanuary 25, 2001.

Hawk Run District Mining Office: Empire Road, P. O.Box 209, Hawk Run, PA 16840-0209.

17980112, P & N Coal Co., Inc. (P. O. Box 332,Punxsutawney, PA 15767), commencement, operation andrestoration of a bituminous surface mine-auger permit inBurnside Borough and Township, Clearfield Countyaffecting 62.6 acres. Receiving streams: West BranchSusquehanna River. Application received May 28, 1998.Permit issued January 12, 2001.

17980106, R. B. Contracting (R. D. 1, Box 13,Curwensville, PA 16833), revision to an existing bitumi-nous surface mine permit for a Change in Land Use fromforestland to wildlife habitat. The permit is located inLawrence Township, Clearfield County and affects 71.5acres. Receiving streams: unnamed tributary to LittleClearfield Creek. Application received November 16, 2000.Permit issued January 11, 2001.

17950113, Waroquier Coal Company (P. O. Box 128,Clearfield, PA 16830), renewal of an existing bituminoussurface mine-auger permit in Greenwood Township,Clearfield County affecting 60.2 acres. Receivingstreams: unnamed tributary # 1 and # 2 to Watts Creek toWatts Creek to Clearfield Creek to West Branch of theSusquehanna River. Application received November 27,2000. Permit issued January 25, 2001.

Cambria District Mining Office: 286 Industrial ParkRoad, Ebensburg, PA 15931.

32000102, Britt Energies, Inc. (2450 PhiladelphiaStreet, Indiana, PA 15701), commencement, operation andrestoration of a bituminous surface-auger mine in WhiteTownship, Indiana County, affecting 105.3 acres, receiv-ing stream unnamed tributary to Yellow Creek and YellowCreek, application received June 14, 2000. Permit issuedJanuary 22, 2001.

56793091, SMP Boundary Revision, Hardrock CoalCompany (275 Saddle Ridge Road, Berlin, PA 15530), to

add 6.1 acres to the existing permit for additional miningof the Upper Freeport coal seam. Total SMP acres go from549.6 to 555.7 in Brothersvalley Township, SomersetCounty, receiving streams for SMP are unnamed tribu-taries to/and Tubs Run; and unnamed tributary to MillersRun, application received March 23, 1999. Permit issuedJanuary 23, 2001.

McMurray District Mining Office: 3913 WashingtonRoad, McMurray, PA 15317.

30841391. Consolidation Coal Co., (4000 BrownsvilleRoad, South Park, PA 15129), to renew the permit for theBlacksville No. 1 Mine in Wayne Township, GreeneCounty to renew permit, no additional discharges. Per-mit issued January 18, 2001.

63743702. Eighty Four Mining Co., (P. O. Box 284,Eighty Four, PA 15330), to renew the permit for the MineNo. 84 Refuse Disposal Area in Somerset Township,Washington County to renew permit, no additionaldischarges. Permit issued January 18, 2001.

30831303. RAG Cumberland Resources, L.P., (P. O.Box 1020, Waynesburg, PA 15370), to transfer the permitfor the Cumberland Mine in Whiteley Township, GreeneCounty to transfer from Corp. to L.P., no additionaldischarges. Permit issued January 23, 2001.

63841702. Consolidation Coal Co., (4000 BrownsvilleRd., South Park, PA 15129), to renew the permit for theWestland Mine, Arden AMD Treatment Plant in ChartiersTownship, Washington County to renew permit, noadditional discharges. Permit issued January 26, 2001.


16940107. RFI Energy, Inc. (555 Philadelphia Street,Indiana, PA 15767). Renewal of an existing bituminousstrip operation in Perry Township, Clarion Countyaffecting 224.0 acres. Receiving streams: Five unnamedtributaries to Cherry Run. Application received: Novem-ber 17, 2000. Permit Issued January 19, 2001.

Noncoal Permits Issued


6276SM4C2. Martin Limestone, Inc., (P. O. Box 550,Blue Ball, PA 17506), renewal of NPDES Permit#PA0613142 in Honey Brook and Caernarvon Townships,Chester and Lancaster Counties, receiving stream—West Branch Brandywine Creek. Renewal issued January23, 2001.

6276SM2A1C4. Martin Limestone, Inc., (P. O. Box550, Blue Ball, PA 17506), renewal of NPDES Permit#PA0594512 in East Earl Township, Lancaster County,receiving stream—Conestoga Creek. Renewal issuedJanuary 23, 2001.

19002801. Sokol Quarries, Inc., (P. O. Box 366,Bloomsburg, PA 17815), commencement, operation andrestoration of a small quarry operation in StillwaterBorough, Columbia County affecting 5.0 acres, receivingstream—Miller’s Creek. Permit issued January 26, 2001.

Hawk Run District Mining Office: Empire Road, P. O.Box 209, Hawk Run, PA 16840-0209.

08000804, Mark T. Shingler, R. R. 1, Box 69A,Wyalusing, PA 18853), commencement, operation andrestoration of a Small Industrial Mineral (Flagstone)permit in Wilmot Township, Bradford County affecting

NOTICES 881


3 acres. Receiving streams: Susquehanna River. Applica-tion received May 4, 2000. Permit issued January 10,2001.

12000801, George F. Brown Excavating (R. R. 2,Box 238C, Emporium, PA 15834), commencement, opera-tion and restoration of a Small Industrial Mineral (Sand-

stone) permit in Shippen Township, Cameron Countyaffecting 5 acres. Receiving streams: unnamed tributaryto Portage, to Driftwood Branch of Sinnemahoning. Appli-cation received October 26, 2000. Permit issued January10, 2001.

ABANDONED MINE RECLAMATION

Bond Forfeiture Contract Awarded BF 429-101.1Location Derry Township, Westmoreland County

Description Abandoned Mine Reclamation

Contractor Hutchison Excavating

Amount $121,220.00

Date of Award January 19,2001Contact: Mary Jane Olsen(717) 783-4800

Bond Forfeiture Contract Awarded BF 422-101.1Location Toby Township, Clarion County

Description Abandoned Mine Land Reclamation

Contractor WDK Enterprises, Inc.

Amount $68,025.95

Date of Award January 29, 2001Contact: Mary Jane Olsen(717) 783-4800

Bond Forfeiture Contract Awarded BF 432-101.1Location Noyes and Leidy Townships, Clinton County


Contractor Earthmovers Unlimited, Inc.

Amount $828,865.45

Date of Award January 29, 2001Contact: Mary Jane Olsen(717) 783-4800

Bond Forfeiture Contract Awarded BF 445-101.1Location Clarion Township, Clarion County


Contractor Neiswonger Construction Company

Amount $430,155.00

Date of Award December 12, 2000Contact: Mary Jane Olsen(717) 783-4800

882 NOTICES


Bond Forfeiture Contract Awarded BF 453-101.1Location Bell Township, Clearfield County


Contractor J & J Snyder, Inc.

Amount $11,135.00

Date of Award December 5, 2000Contact: Mary Jane Olsen(717) 783-4800

FEDERAL WATER POLLUTION CONTROL ACTSECTION 401

The Department of Environmental Protection has takenthe following actions on previously received permit appli-cations, requests for Environmental Assessment approval,and requests for Water Quality Certification under Sec-tion 401 of the Federal Water Pollution Control Act(FWPCA) (33 U.S.C.A. § 1341(a)).

Except as otherwise noted, the Department of Environ-mental Protection certifies that the construction andoperation herein described will comply with the appli-cable provisions of Sections 301—303, 306 and 307 of theFWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), andthat the construction will not violate applicable Federaland State Water Quality Standards.

Any person aggrieved by this action may appeal, underSection 4 of the Environmental Hearing Board Act, (35P. S. § 7514), and 2 Pa.C.S. §§ 501—508 and 701—704(relating to the Administrative Agency Law) to the Envi-ronmental Hearing Board, Second Floor, Rachel CarsonState Office Building, P. O. Box 8457, Harrisburg, PA17105-8457, (717) 787-3483. TDD users may contact theBoard through the Pennsylvania Relay Service, (800)654-5984. Appeals must be filed with the EnvironmentalHearing Board within 30 days of receipt of written noticeof this action unless the appropriate statute provides adifferent time period. Copies of appeal form and theBoard’s rules of practice and procedure may be obtainedfrom the Board. The appeal form and the Board’s rules ofpractice and procedure are also available in Braille or onaudiotape from the Secretary of the Board at (717)787-3483. This paragraph does not, in and of itself, createany right of appeal beyond that permitted by applicablestatutes and decisional law.

Actions on applications for the following activitiesfiled under the Dam Safety and EncroachmentsAct (32 P. S. §§ 693.1—693.27), Section 302 of theFlood Plain Management Act (32 P. S. § 679.302)and the Clean Streams Law (35 §§ 691.1— 691.702)and Notice of Final Action for Certification underSection 401 of the Federal Water Pollution Con-trol Act (33 U.S.C. § 1341(a)). (Note: Water Obstruc-tion and Encroachment Permits issued for SmallProjects do not include 401 Certification, unless specifi-cally stated in the description).

Permits Issued and Actions on 401 Certifications:

WATER OBSTRUCTIONS AND ENCROACHMENTS


E09-801. Bucks County Water and Sewer Author-ity, 1275 Almshouse Road, Warrington, PA 18976. Doyles-town Township and Doylestown Borough, Bucks County,Philadelphia ACOE.

To expand and maintain the existing Green StreetWastewater Treatment Facility located in the 100-yearflood plain of the Central tributary to the NeshaminyCreek (TSF) and to relocate approximately 135 linear feetof stream channel of an unnamed tributary to theNeshaminy Creek (TSF) which will impact 0.06 acre ofwetlands (PEM). The proposed channel will be 160 linearfeet long and will be stabilized with R-6 riprap. This workalso includes demolition of existing facilities which are nolonger in use, and improvement of the existing entranceroad. The site is located approximately 1,400 feet south-west of the intersection of Doylestown Road (S. R. 0202)and Pebble Hill Road, (Buckingham, PA USGS Quad-rangle N: 9.15 inches; W: 17.15 inches). The permitapplicant has met the wetland replacement requirementby participating in the Pennsylvania Wetland Replace-ment Project.

Southcentral Region: Water Management Program Man-ager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717)705-4700.

E29-080. Fulton Industrial Development Associa-tion, 100 Lincoln Way East, McConnellsburg, PA 17233in Ayr Township, Fulton County, ACOE Baltimore Dis-trict, (McConnellsburg, PA Quadrangle N: 9.1 inches;W: 17.4 inches).

To (1) construct and maintain a twin cell box culvertwith each cell having an opening of 8 feet x 6 feet, (2)impact 0.32 acre of wetlands; and, (3) construct andmaintain a sewer and water line crossing in and along atributary to Big Cove Creek (CWF) at a point approxi-mately 1,700 feet upstream of US Route 522 for thepurpose of constructing an access to the proposed SouthCentral Business Park. The applicant proposed to create0.32 acre of replacement wetlands.


E17-354. Wallaceton-Boggs Municipal Authority,P. O. Box 97, West Decatur, PA 16878. Sewer lines, inBoggs Township and Wallaceton Borough, ClearfieldCounty, ACOE Baltimore District (Wallaceton, PA Quad-rangle N: 12 inches; W: 5 inches).

To install, operate and maintain a gravity sewer linebeneath Laurel Run (Cold Water Fishery); Simeling Run(Cold Water Fishery); unnamed tributaries to SimelingRun (Cold Water Fishery); and through wetlands associ-ated to Laurel Run and Simeling Run (Exceptional ValueWetlands) for the collection and conveyance of municipalwastewater. Cumulatively the gravity sewer line shall beconstructed with a minimum installation length of 125-

NOTICES 883


feet beneath Laurel Run, 15-feet beneath Simeling Run,20-feet beneath the unnamed tributaries, and 1695-feetthrough the wetlands. All sewer line installations be-tween October 1 and December 31 shall completed byborings; sewer line installations outside this time frameshall be conducted in dry work conditions through the useof dam and pumping or fluming stream flow around thework area. All stone used for in-stream channel use shallbe free of fines and silts. The project is located along thesouthern and northern right-of-way of SR 0322 at theintersection of SR 2024 and SR 0322 in Boggs Townshipand Wallaceton Borough, Clearfield County. This permitalso authorizes the construction, operation, maintenanceand removal of temporary stream crossings for equipmentaccess; all crossings shall be constructed with suitablerock that is free of fines and silt. All temporary streamcrossings shall be removed and the areas of stream bankdisturbance stabilized immediately upon removal.

E18-305. Bald Eagle Township Supervisors, R. R. 2,Box 97C, Mill Hall, PA 17751. Floodway fill, in BaldEagle Township, Clinton County, ACOE Baltimore Dis-trict, (Lock Haven, PA Quadrangle, N: 0.1 inch; W: 17.2inches).

To place and maintain 100 cubic yards of clean earthenfill in the right floodway of an unnamed tributary to BaldEagle Creek located behind the Bald Eagle TownshipBuilding in Bald Eagle Township, Clinton County. Thispermit was issued under Section 105.13(e) ‘‘SmallProjects.’’

E49-237. John H. and Charlotte Greiner, R. R. 1,Box 184, River Road, Watsontown, PA 17777. Privatebridge, in Delaware Township, NorthumberlandCounty, ACOE Baltimore District (Muncy, PA Quad-rangle N: 2.0 inches; W: 6.5 inches).

To construct, operate and maintain a single spanprivate bridge structure across Warrior Run. The bridgeshall have a span of 16 feet, an underclearance of 5 feetand constructed on concrete abutments. The structure islocated one mile west on SR 1007 from the intersectionwith SR 54 in Delaware Township, NorthumberlandCounty. This permit was issued under Section 105.13(e)‘‘Small Projects.’’ This permit also includes 401 WaterQuality Certification.

E59-398. Allen R. Mohler, Spring Hill Road,Kirkwood, PA 17536-9754. Culvert crossing, in Elk Town-ship, Tioga County, ACOE Baltimore District(Marshlands, PA Quadrangle N: 9.7 inches; W: 7.3inches).

To construct, operate and maintain a minor road cross-ing Chaffee Run to provide private property access. Theminor road crossing shall be constructed at a time whenChaffee Run is at maximum low flow. The crossing shallbe constructed with a culvert pipe that has a minimumdiameter of 5.5-feet, length of 20-feet, and depression of1.0-feet into the streambed. The road crossing ChaffeeRun shall be constructed in dry work conditions by damsand pumping or fluming stream flow around work area.The project is located along the western right-of-way ofT-316 approximately 3200-feet west of T-304 and T-316intersection in Elk Township, Tioga County. This permitdoes not authorize any temporary or permanent impactsto wetlands associated to Chaffee Run. This permit wasissued under Section 105.13(e) ‘‘Small Projects.’’ Thispermit also includes 401 Water Quality Certification.

E59-409. Pennsylvania Department of Transporta-tion, 715 Jordan Avenue, Montoursville, PA 17754. SR

4017/014 bridge, in Osceola Township, Tioga County,ACOE Baltimore District (Knoxville, PA QuadrangleN: 21.4 inches; W: .9 inch).

To remove the existing structure and construct, operateand maintain a new single span pre-stressed box beambridge structure over Holden Creek. The new structureshall have a normal span of 14.46 meters (47.44 feet) andan average underclearance of 1,820 millimeters (5.97feet). This permit also authorizes a temporary vehicularaccess. The access will consist of three 1,520 millimeter(4.98 foot) pipes with associated clean fill that shall beconstructed of silt-free non-erodible material in order toprevent any road materials from washing out if thestructure is overtopped during periods of high water. Thebanks shall be re-graded to facilitate smooth transitionsof the approaches. Once the temporary access has beenremoved the banks shall be restored to their originalgrades and have riparian plantings incorporated to re-store the natural corridor. This project is located 13 milesnorthwest from Osceola on SR 4017 in Osceola Township,Tioga County.

Southwest Region: Water Management Program Man-ager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

E02-1319. Norfolk Southern Railway Company,600 West Peachtree Street, Suite 1840, Atlanta, GA30308. Fiber Optics Communications Project in AspinwallBorough, Avalon Borough, Bellevue Borough, Ben AvonBorough, Brackenridge Borough, Cheswick Borough, EastDeer Township, Edgeworth Borough, Emsworth Borough,Etna Borough, Glenfield Borough, Harmar Township,Haysville Borough, Harrison Township, Kilbuck Town-ship, Leets Township, Millvale Borough, O’Hara Town-ship, Osborne Borough, City of Pittsburgh, SewickleyBorough, Sharpsburg Borough, Springdale Borough,Springdale Township and Tarentum Borough in Alle-gheny County, ACOE Pittsburgh District (Freeport, PAQuadrangle N: 8.1 inches; W: 9.7 inches and endsAmbridge, PA Quadrangle N: 14.1 inches; W: 13.7inches).

To construct and maintain a fiber optics line consistingof 12 high density polyethylene (HPPC) conduits installedwithin the existing right of way of the Norfolk SouthernRailway, utilizing various installation methods, includinga track mounted rail plow, bridge attachment, horizontaldirectional drill, and conventional wet and dry trenching.The line shall cross the following streams: six tributariesto the Allegheny River (WWF), Bull Creek (WWF), BaileyRun (WWF), Crawford Run (WWF), Riddle Run (WWF),Tawney Run (WWF), Deer Creek (WWF), Guys Run(WWF), Power Run (WWF), Squaw Run (HQ-WWF), PineCreek (TSF), Allegheny River (WWF), Jacks Run (WWF),Spruce Run (WWF), Lowries Run (TSF), Toms Run(WWF), Kilbuck Run (CWF), two tributaries to the OhioRiver (WWF), Little Sewickley Creek (HQ-TSF) and BigSewickley Creek (TSF). This project is part of the con-struction of a fiber optic network extending from Cleve-land, Ohio to Fairfax, Virginia.

E03-389. Norfolk Southern Railway Company, 600West Peachtree Street, Suite 1840, Atlanta, GA 30308.Fiber Optics Communications Project in Freeport Bor-ough and South Buffalo Townships, Armstrong County,ACOE Pittsburgh District (Freeport, PA QuadrangleN: 8.3 inches; W: 9.4 inches).

To construct and maintain several fiber optic utility linecrossings in, along or across Long Run (WWF),Kiskiminetas River (WWF) and Buffalo Creek (TSF) andtheir associated wetlands. The utility line will be in-

884 NOTICES


stalled within existing right of ways of the NorfolkSouthern Railway Company, utilizing a variety of instal-lation methods, including a track mounted rail plow,bridge attachment, horizontal directional drill, and con-ventional wet and dry trenching. This project is part ofthe construction of a fiber optic network extending fromWashington, D.C. to Cleveland, Ohio.

E04-273. Norfolk Southern Railway Company, 600West Peachtree Street, Suite 1840, Atlanta, GA 30308.Fiber Optics Communications Project in Ambridge Bor-ough, Baden Borough, the City of Beaver Falls, ConwayBorough, Daugherty Township, East Rochester Township,Eastvale Borough, Economy Borough, Freedom Borough,Harmony Township, New Brighton Borough, NorthSewickley Township, Patterson Heights Borough andRochester Township in Beaver County, ACOE Pitts-burgh District (Ambridge, PA Quadrangle N: 14.1 inches;W: 13.7 inches and ends at the Beaver Falls, PA Quad-rangle N: 18.7 inches; W: 10.0 inches).

To construct and maintain a fiber optic line consistingof 12 high density polyethylene (HPPC) conduits installedwithin the existing right of way of the Norfolk SouthernRailway, utilizing various installation methods, includinga track mounted rail plow, bridge attachment, horizontaldirectional drill, and conventional wet and dry trenching.The line shall cross the following streams: two tributariesto the Ohio River (WWF), Legionville Run (WWF), CrowsRun (WWF), Dutchman Run (WWF), Lacock Run (WWF),McKinley Run (WWF), six tributaries to the Beaver River(WWF), Blockhouse Run (WWF), Bennett Run (WWF),Thompson Run (WWF), and a wetland (PFO) in a tribu-tary to the Beaver River. This project is part of theconstruction of a fiber optic network extending fromCleveland, Ohio to Fairfax, Virginia.

E11-286. Norfolk Southern Railway Company, 600West Peachtree Street, Suite 1840, Atlanta, GA 30308.Fiber Optics Communications Project in the Borough ofCassandra, Cresson, East Conemaugh, Gallitzin, Lilly,Portage, Sankertown, South Fork, Summerhill, Tun-nelhill, Wilmore, Ehrenfeld and City of Johnstown andthe Townships of Allegheny, Conemaugh, Cresson, Croyle,Gallitzin, East Taylor, Lower Yoder, Portage, Summerhill,Upper Yoder and Washington, Cambria County, ACOEPittsburgh District, (Cresson, PA Quadrangle N: 18.5inches; W: 8.2 inches).

To construct and maintain several fiber optic utility linecrossings in, along or across Little Conemaugh River,Conemaugh River, several of their tributaries (CWF,WWF), and associated wetlands. The utility line will beinstalled within existing right of ways of the NorfolkSouthern Railway Company, utilizing a variety of instal-lation methods, including a track mounted rail plow,bridge attachment, horizontal directional drill, and con-ventional wet and dry trenching. This project is part ofthe construction of a fiber optic network extending fromWashington D.C. to Cleveland, Ohio.

E32-424. Norfolk Southern Railway Company, 600West Peachtree Street, Suite 1840, Atlanta, GA 30308.Fiber Optics Communications Project in the Borough ofBlairsville, and the Townships of Burrell, Conemaugh,and West Wheatfield, Indiana County, ACOE Pitts-burgh District (Avonmore, PA Quadrangle N: 5.6 inches;W: 10.3 inches).

To construct and maintain several fiber optic utility linecrossings, in, along or across the Conemaugh River(WWF), several of it’s tributaries (WWF & CWF), associ-ated wetlands and tributaries of the Kiskiminetas River

(CWF & WWF). The utility line will be installed withinexisting right of ways of the Norfolk Southern RailwayCompany utilizing a variety of installation methods,including a track mounted rail plow, bridge attachment,horizontal directional drill, and conventional wet and drytrenching. This project is part of the construction of afiber optics network from Washington, D.C. to Cleveland,Ohio.

E65-764. Norfolk Southern Railway Company, 600West Peachtree Street, Suite 1840, Atlanta, GA 30308.Fiber Optics Communications Project in the Borough ofBolivar, East Vandergrift, Hyde Park, New Florence,Oklahoma, Seward, Vandergrift, West Leechburg andAvonmore and the Townships of Allegheny, Bell, Derry,Fairfield, St. Clair, and Washington, WestmorelandCounty, ACOE Pittsburgh District (Freeport, PA Quad-rangle N: 9.5 inches; W: 6.6 inches).

To construct and maintain several fiber optic utility linecrossings in, along or across the Conemaugh River(WWF), Kiskiminetas River (WWF), Allegheny River(WWF), several of their tributaries (HQ-CWF, CWF, TSF,WWF) and associated wetlands. The utility line will beinstalled within existing right of ways of the NorfolkSouthern Company, utilizing a variety of installationmethods, including a track mounted rail plow, bridgeattachment, horizontal directional drill, and conventionalwet and dry trenching. This project is part of theconstruction of a fiber optic network extending fromWashington D.C. to Cleveland, Ohio.

E02-1310. Sports and Exhibition Authority ofPittsburgh and Allegheny County, Regional ResourceCenter, Suite 1410, 425 Sixth Avenue, Pittsburgh, PA15219. North Shore Riverfront Park Docking Facility inthe City of Pittsburgh, Allegheny County, ACOE Pitts-burgh District (Pittsburgh West, PA Quadrangle projectbegins N: 12.7 inches; W: 2.5 inches; project endsN: 12.8 inches; W: 1.0 inch).

To remove existing structures and to construct andmaintain a new Waterfront Park on the North Shore ofthe Ohio River (WWF) and Allegheny River (WWF). Theproject shall consist of a sheet pile wall for the entirelength of the project (3,025 ft.), 700 ft. of rip-rap bankstabilization, 10,370 cubic yards of dredging, create 2.29acres of shallow water mitigation area by dredging andplacing 7,720 yds. of rip rap and approximately 1,100 twofoot diameter boulders, an observation pier, two pilesupported overlooks, a pile supported causeway (316 ft.),two commercial passenger ferry ramps, a mooring facilityfor the Delta Queen, a fountain/waterfall and six outfalls.The project area is bounded on the north by the existingand proposed North Shore Drive; on the south by theAllegheny and Ohio Rivers; on the east by PNC Park; andon the west by the Carnegie Science Center. This projectexcludes the PNC Park waterfront improvements.


E25-621, BTDD, LLC, 101 Lakemont Park Boulevard,Altoona, PA 16002. Sheetz Gas Station/Convenience Storeand Commercial Development in Millcreek Township,Erie County, ACOE Pittsburgh District (Swanville, PAQuadrangle N: 13.2 inches; W: 7.75 inches).

To conduct the following activities in/along a total reachof approximately 360 feet of a tributary to Lake Erieassociated with a Sheetz gas station/convenience storeand commercial retail development and associated park-ing area at the northeast corner of West 26th and AsburyRoad:

NOTICES 885


1. Place and maintain fill within the regulated 50-footfloodway beginning at West 26th Street and extendingdownstream approximately 360 feet along the left (west)bank of the stream.

2. Rebuild and maintain an existing block wall alongthe left bank of the stream extending approximately 50feet downstream from the outlet of the culvert underWest 26th Street.

3. Install and maintain rock riprap along the left bankof the stream beginning at the end of the block wall andextending approximately 280 feet downstream.

4. Install and maintain a 36-inch diameter HDPE pipestormwater outfall with rock riprap energy dissipateralong the left bank of the stream approximately 330 feetdownstream of West 26th Street.

E37-133, PA Turnpike Commission, P. O. Box 67676,Harrisburg, PA 17106-7676. Gateway Toll Plaza, in NorthBeaver Township, Lawrence County, US ACOE Pitts-burgh District.

To conduct the following activities associated with therehabilitation and expansion of the existing Gateway TollPlaza on the Pennsylvania Turnpike (I-76) approximately1 mile east of the Pennsylvania-Ohio state line:

1. To construct and maintain a 60-foot long, 6.5-footdiameter reinforced concrete culvert in a tributary toHoney Creek and an earthen berm extending upstreamalong the east bank on a service access road extendingwest from Burkey Road (T-306) to the westbound lanes ofI-76 (New Middletown, OH-PA Quadrangle N: 5.6 inches;W: 0.3 inches).

To fill a de minimus area of wetland (0.0008 acre)associated with relocation of the eastbound service accessroad approximately 600 feet east of Burkey Road (T-306)(Bessemer, PA Quadrangle N: 5.4 inches; W: 17.1 inches).

E43-289, Upper Shenango Valley Water PollutionControl Authority, P. O. Box 1449, Hermitage, PA16148. Orangeville Pump Station, in City of Hermitage,Mercer County, ACOE Pittsburgh District (SharonWest, PA Quadrangle N: 22.6 inches; W: 1.2 inches).

To modify and an existing concrete walkway, constructa generator pad and associated fill and maintain theOrangeville Pump Station within/along the 100-yearfloodplain of the Shenango River east of S. R. 718 (NorthWater Avenue) at Orangeville Road.

ENVIRONMENTAL ASSESSMENTS


EA10-014NW, Ronald Devido, 36 Sunset Drive, NewCastle, PA 16105. Devido Pond in Shenango Township,Lawrence County, ACOE Pittsburgh District (NewCastle South, PA Quadrangle N: 18.65 inches; W: 5.25inches).

To drain the existing impoundment, reconstruct thenon-jurisdictional dam and fill an area measuring ap-proximately 550 feet long by 20 feet wide, consisting ofapproximately two thirds of the existing impoundmentarea on property located 600 feet north of S. R. 422approximately 0.4 mile west of Baldwin Road.

SPECIAL NOTICESConsent Order and Agreement

Borough of Kane

Borough of Kane Authority Kane Borough,McKean County

Notice is hereby provided that the Department ofEnvironmental Protection (Department) has entered intoa Consent Order and Agreement with the Borough ofKane and the Borough of Kane Authority (hereinaftercollectively referred to as Kane) concerning the PineStreet wastewater treatment plant and sewerage collec-tion and conveyance system.

On January 17, 2001, the Department of Environmen-tal Protection signed a Consent Order and Agreementwith the Borough of Kane and the Borough of KaneAuthority. The Consent Order and Agreement requiresKane to pay a civil penalty of $7,500 for past NationalPollutant Discharge Elimination System Permit violationsand sewage overflows from the sewerage collection andconveyance system. Kane will also submit a long termcontrol plan to the Department, focusing on a comprehen-sive solution to any outstanding environmental issues.

The specifics of the Department’s settlement with Kaneare set forth in the Consent Order and Agreement. Copiesof the Consent Order and Agreement are available forinspection at the Department’s office at 230 ChestnutStreet, Meadville, PA 16335. Further information may beobtained by contacting Paul Tunno at (814) 332-6942.TDD users may contact the Department through thePennsylvania Relay Service at (800) 645-5984.


Coastal Zone Management Program

The Department of Environmental Protection (DEP) isproposing several minor changes to the Commonwealth’sCoastal Zone Management (CZM) Program. As requiredby 15 CFR 923.84, the CZM Program is providing publicnotice of these changes which occurred in 1998 and 1999.These changes involve:

• amendments to and renumbering of state regulationscurrently networked into the CZM Program’s enforce-able policies,

• minor boundary changes in Delaware County, and

• the addition of five geographic areas of particularconcern.

Since these changes revise the Commonwealth’s Feder-ally approved CZM Program, the changes must also beapproved by the Federal Office of Ocean and CoastalResource Management (OCRM).

The Commonwealth has notified OCRM that the pro-posed changes are considered by the Commonwealth to beRoutine Program Changes (RPC). An RPC is defined byFederal CZM Regulations as an action taken by a state tofurther detail the implementation of the state’s CZMProgram. Essentially, these changes are either clarifica-tions, minor revisions or improvements, and do notsubstantially alter one or more of the following CZMProgram areas:

886 NOTICES


(1) Uses subject to management;(2) Special management areas;(3) Boundaries;(4) Authorities and organization; and(5) Coordination, public involvement and the national

interest.Therefore, the Commonwealth has requested OCRM to

concur with this determination.Copies of the proposed changes are available for review

at the Erie County Department of Planning and theDelaware Valley Regional Planning Commission. In theErie Region, contact Brian Barnhizer, Erie County Court-house, Rm. 119, 140 W. 6th St., Erie, PA 16501, (814)451-6336. In the Delaware Estuary Region, contact BenGinsberg, 111 South Independence Mall–East–The BourseBuilding, Eighth Floor, Philadelphia, PA 19106-2515,(215) 592-1800. Also, copies may be reviewed in Harris-burg, PA, by calling Larry Toth, Coastal Zone Manage-ment Program, (717) 772-5622.

The RPC is available on DEP’s worldwide web site atwww.dep.state.pa.us (directLINK ‘‘Coastal Zones’’).

Interested parties can submit comments on whetherthese actions do or do not constitute an RPC. Commentsmust be submitted within 3 weeks from the date of thisnotice to Neil K. Christerson, Program Specialist, U.S.Department of Commerce, Coastal Programs Division,OCRM, SSMC4, Room 11209 (N/ORM3), 1305 East-WestHighway, Silver Spring, MD 20910.

BRADLEY MALLORY,Secretary


DEPARTMENT OF HEALTHOrgan Donation Advisory Committee Meeting

The Organ Donation Advisory Committee, establishedby Section 8 of the Act of December 1, 1994 (P. L. 655, No.102) (20 P. S. § 8622), will hold a public meeting onMarch 14, 2001 from 10 a.m. to 2 p.m. The meeting willbe held in Room 812 of the Health & Welfare Building,7th & Forster Streets, Harrisburg, PA.

For additional information please contact William J.Neil, Manager, Health Education and Information Pro-gram, Bureau of Chronic Diseases & Injury Prevention orAngela H. Anderson, Clerk Typist II, Health Education &Information Program, Bureau of Chronic Diseases &Injury Prevention, 1000 Health & Welfare Building,Harrisburg, PA, at (717) 787-5900.

Persons with a disability who desire to attend themeeting and require an auxiliary aid, service or otheraccommodation to do so, should contact William J. Neil orAngela H. Anderson at (717) 787-5900.

V/TT (717) 783-6514 for speech and/or hearing impairedpersons or the Pennsylvania AT&T Relay Services at(800) 654-5984 (TT).

This meeting is subject to cancellation without notice.ROBERT S. ZIMMERMAN,

Secretary[Pa.B. Doc. No. 01-228. Filed for public inspection February 9, 2001, 9:00 a.m.]

Pennsylvania Cancer Control Prevention and Re-search Advisory Board

The Pennsylvania Cancer Control, Prevention and Re-search Advisory Board will hold a public meeting onMarch 15, 2001 from 8 a.m. to 12 p.m. at the Pennsylva-nia Medical Society, 777 East Park Drive, Room C,Harrisburg, Pennsylvania.

For additional information please contact Susan F.George, Program Manager, Department of Health, CancerControl Program, Room 1011 Health and Welfare Build-ing, Harrisburg, PA (717) 787-5251.

Persons with a disability who desire to attend themeeting and require an auxiliary aid, service or otheraccommodation to do so, should contact Susan F. George,(717) 787-5251. V/TT (717) 783-6514 for speech and/orhearing impaired persons or the Pennsylvania AT&TRelay Services at (800) 654-5984 [TT].

ROBERT S. ZIMMERMAN, Jr.,Secretary


Preventive Health and Health Services Block GrantAdvisory Committee Meeting

The Preventive Health and Health Services BlockGrant Advisory Committee will hold a public meeting onThursday, February 8, 2001, from 10 a.m. to 2:30 p.m.The meeting will be held in Room 812 of the Health &Welfare Building, 7th and Forster Streets, Harrisburg,Pennsylvania.

For additional information, please contact Emilie M.Tierney, Director, Bureau of Chronic Diseases and InjuryPrevention, Room 1000 Health & Welfare Building, Har-risburg, PA (717) 787-6214.

Persons with a disability who desire to attend themeeting and require an auxiliary aid, service or otheraccommodation to do so, should contact Terry L. Walker,Administrative Officer, (717) 787-6214. V/TT (717) 783-6514 for speech and/or hearing-impaired persons or thePennsylvania AT&T Relay Services at (800) 654-5984(TT).

This meeting is subject to cancellation without notice.ROBERT S. ZIMMERMAN, Jr.,

Secretary[Pa.B. Doc. No. 01-230. Filed for public inspection February 9, 2001, 9:00 a.m.]

NOTICES 887


DEPARTMENT OF PUBLICWELFARE

List of Behavioral Health Managed Care Organiza-tions

The purpose of this notice is to provide prior publicnotice of the Department of Public Welfare’s (Department)intent to develop a list of qualified Behavioral HealthManaged Care Organizations (BH-MCO) as potentialcontractors for the HealthChoices Behavioral Health Pro-gram (HCBHP). The development of this list is the firststep in a two-step process for obtaining a BehavioralHealth contractor, should the need arise. HealthChoices isa mandatory Managed Care program for Medicaid recipi-ents in this Commonwealth. Additional information aboutHCBHP is available at the Department’s website:www.dpw.state.pa.us/omap/dpwomap.asp

The list of qalified BH-MCOs would be utilized in thefollowing cases:

• Contract negotiations with a potential contractorselected through a Request for Proposal (RFP) processfail;

• A potential contractor selected through a RFP pro-cess fails the Readiness Review process; or

• An existing contractor terminates the contract or isterminated by the Department.

The list of qualified BH-MCOs will be opened periodi-cally for new submissions. MCOs selected for the list ofqualified bidders will remain active on the list for 2 years.After 2 years they will be required to resubmit informa-tion. The following is a list of requirements necessary toqualify as a potential HealthChoices Behavioral Healthcontractor:

• One year experience with a State Behavioral HealthMedicaid Program.

• Not currently under suspension or debarment by theCommonwealth or any other state or Federal Govern-ment.

• Licensed or demonstrated ability to be licensed bythe Departments of Health and Insurance of the Com-monwealth.

• Management Information System (MIS) experiencein processing UB 92 and HCFA 1500 forms.

• MIS capacity to produce person-level encounter datain compliance with the HealthChoices program require-ments.

In order to apply, submit a letter of interest on officialcorporate letterhead, to qualify as a potentialHealthChoices Behavioral Health contractor by February26, 2001, to Karen Rosenthal, Office of Mental Healthand Substance Abuse Services, Room 236, BeechmontBuilding, P. O. Box 2675, Harrisburg, PA 17105. Lettersmay be faxed to (717) 772-7964. Submit the followinginformation to the Department of Public Welfare, Divisionof Procurement, P. O. Box 2675, Room 106, Health &Welfare Bldg., Commonwealth & Forster St., Harrisburg,PA 17105-2675 by 2 p.m. March 15, 2001.

List of Deliverables:

1. Describe experience in providing services to Medic-aid recipients including:

• Type of behavioral health (mental health and drugand alcohol) services covered.

• Description of categories of aid/population covered.

• Number of years experience with Medicaid programs.

2. Provide a report on the number of claims processed(for Medicaid population) in the most recent 6-monthperiod, including timeliness of processing clean claimsand the number of claims paid/rejected.

3. Provide a flow chart of the MIS.

4. Provide a file layout/specification of a person-levelencounter report.

5. Provide one of the following:

• A copy of current Pennsylvania license from theDepartments of Health and Insurance.

• A current application for Pennsylvania license fromthe Departments of Health and Insurance with a timeframe for receiving the license.

• A work plan with a time line to obtain a license fromthe Departments of Health and Insurance of the Com-monwealth.

6. Provide a copy of the most recent audited, annualfiling with a state insurance department.

7. Provide a copy of the most recent annual auditedcompany financial statement.

8. Outline a plan to start up or expand (if currentlyoperating in this Commonwealth) operations in this Com-monwealth.

9. Provide the name, address and phone number ofthree references familiar with the MCOs operations (onemust provide reference to a State Medicaid program).

Department staff will verify the information submittedby the BH-MCOs. As part of the verification process, theDepartment may conduct an on-site visit. Each MCO willbe notified of its qualification status.

The second step of the process is outlined in the eventthat the list is utilized to obtain a contractor. TheDepartment will:

• Contact the vendors on the list and verify theircontinued interest in obtaining a HealthChoices contract.

• Inform the vendors of the county or counties requir-ing a BH-MCO contractor.

• Release a procurement document that contains therequirements for the HCBHP to the interested vendors onthe list along with instructions on how to submit a bid.

• Evaluate all responses to the procurement documentand select a contractor.

The above two-step process will not replace the RFPprocess to obtain a HCBH contract in the remainingNorth/Central zone. The procurement process for theNorth/Central zone will follow the same procedure asfollowed in the Southeast, Southwest and Lehigh/Capitalzones, which required a response to a RFP.

Any questions may be directed to Raymond Klabe,Office of Mental Health and Substance Abuse Services,Room 247, Beechmont Building, P. O. Box 2675, Harris-burg, PA 17105, (717) 772-7984, Fax: (717) 772-7964.

888 NOTICES


Persons with a disability may use the AT&T RelayService by calling (800) 654-5984 (TDD Users) or (800)654-5988 (Voice Users). Persons who require an alternateformat should contact Thomas Vracarich, Office of LegalCounsel, (717) 783-2209.

FEATHER O. HOUSTOUN,Secretary


Plan to Implement HealthChoices; Public Meeting

The Department of Public Welfare (Department) isannouncing the opportunity for public comment on theplan to implement HealthChoices, the mandatory man-aged care program for Medical Assistance consumers inPennsylvania, in the North/Central Zone. HealthChoiceswas implemented in five counties in the Southeast Zonein 1997, in 10 counties in the Southwest Zone in 1999,and is currently being implemented in 10 counties in theLehigh/Capital Zone. The Department is now developingthe HealthChoices program for the North/Central Zone,representing the balance of 42 counties in the state. TheDepartment plans to divide the North/Central Zone intothree Sub-Zones: Northeast, Northwest, and Central withenrollment in the Northeast Sub-Zone scheduled to beginin January 2003. Implementation in the two remainingSub-Zones will occur in 2004 for the Northwest Sub-Zoneand 2005 for the Central Sub-Zone.

A discussion paper on the plan to implementHealthChoices in the North/Central Zone may be ob-tained by calling (717) 772-6783 or accessing the DPWWeb page at http://www.dpw.state.pa.us/omap/dpwomap.

In order to gather comments from all interested parties,the Department will hold three public meetings to discussthe Department’s plans to implement HealthChoices inthe North/Central Zone. The three meetings will be heldas follows:

• Northwest Sub-Zone—Monday, March 5, 20019:30 a.m.—2:30 p.m.Hirt AuditoriumErie County Public Library160 E. Front StreetErie, Pennsylvania

• Northeast Sub-Zone—Monday, March 12, 20019:30 a.m.—2:30 p.m.Multipurpose RoomLackawanna Junior College501 Vine StreetScranton, Pennsylvania

• Central Sub-Zone—Monday, March 19, 20019:30 a.m.—2:30 p.m.Ramada Inn1450 South Atherton StreetState College, Pennsylvania

Persons who wish to present comments on the papermust schedule a 5-minute time slot by calling (717)772-6783. The deadline to schedule a speaking slot isFebruary 26, 2001. Please bring a written copy of yourcomments to the meeting.

Persons who are unable to attend one of the threemeetings, may submit comments in writing to DPW/OMAP, Bureau of Policy, Budget, and Planning, P. O. Box8046, Harrisburg, Pennsylvania 17105.

Written comments also will be accepted at the followinge-mail address: [email protected].

Written comments will be accepted until 4 p.m., March30, 2001.

FEATHER O. HOUSTON,Secretary


DEPARTMENT OFREVENUE

Pennsylvania Go for the Green Instant LotteryGame

Under the State Lottery Law (72 P. S. §§ 3761-101—3761-314), and 61 Pa. Code § 819.203 (relating to noticeof instant game rules), the Secretary of Revenue herebyprovides public notice of the rules for the followinginstant lottery game:

1. Name: The name of the game is Pennsylvania Go forthe Green.

2. Price: The price of a Pennsylvania Go for the Greeninstant lottery game ticket is $2.00.

3. Play Symbols: Each Pennsylvania Go for the Greeninstant lottery game ticket will feature one ‘‘Lucky Num-bers’’ area and one ‘‘Your Numbers’’ area. The playsymbols and their captions, printed in black ink, locatedin the ‘‘Lucky Numbers’’ area are: 1 (ONE), 2 (TWO), 3(THREE), 4 (FOUR), 5 (FIVE), 6 (SIX), 7 (SEVEN), 8(EIGHT), 9 (NINE), 10 (TEN), 11 (ELEVN), 12 (TWLV),13 (THRTN), 14 (FORTN), 15 (FIFTN), 16 (SIXTN), 17(SVNTN), 18 (EGHTN), 19 (NINTN), 20 (TWENTY) and21 (TWYONE). The play symbols and their captions,printed in either green or black ink, located in the ‘‘YourNumbers’’ area are: 1 (ONE), 2 (TWO), 3 (THREE), 4(FOUR), 5 (FIVE), 6 (SIX), 7 (SEVEN), 8 (EIGHT), 9(NINE), 10 (TEN), 11 (ELEVN), 12 (TWLV), 13 (THRTN),14 (FORTN), 15 (FIFTN), 16 (SIXTN), 17 (SVNTN), 18(EGHTN), 19 (NINTN), 20 (TWENTY) and 21(TWYONE).

4. Prize Play Symbols: The prize play symbols andtheir captions, printed in black ink, located in the eight‘‘Prize’’ areas are: $1.00 (ONE DOL), $2.00 (TWO DOL),$3.00 (THR DOL), $4.00 (FOR DOL), $6.00 (SIX DOL),$8.00 (EGT DOL), $12$ (TWLV), $18$ (EGHTN), $24$(TWY FOR), $36$ (TRY SIX), $72$ (SVY TWO), $144(HUNFRYFOR) and $25,000 (TWYFIVTHO).

5. Prizes: The prizes that can be won in this game are$1, $2, $3, $4, $6, $8, $12, $18, $24, $36, $72, $144 and$25,000. The player can win up to eight times on a ticket.

6. Approximate Number of Tickets Printed For theGame: Approximately 5,400,000 tickets will be printed forthe Pennsylvania Go for the Green instant lottery game.

7. Determination of Prize Winners:

(a) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $25,000 (TWYFIVTHO) appears in the‘‘Prize’’ area under the matching ‘‘Your Numbers’’ playsymbol, on a single ticket, shall be entitled to a prize of$25,000.

NOTICES 889


(b) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in green ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $72$ (SVY TWO) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $144.

(c) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $144 (HUNFRYFOR) appears in the‘‘Prize’’ area under the matching ‘‘Your Numbers’’ playsymbol, on a single ticket, shall be entitled to a prize of$144.

(d) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in green ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $36$ (TRY SIX) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $72.

(e) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $72$ (SVY TWO) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $72.

(f) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in green ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $18$ (EGHTN) appears in the ‘‘Prize’’ areaunder the matching ‘‘Your Numbers’’ play symbol, on asingle ticket, shall be entitled to a prize of $36.

(g) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $36$ (TRY SIX) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $36.

(h) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in green ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $12$ (TWLV) appears in the ‘‘Prize’’ areaunder the matching ‘‘Your Numbers’’ play symbol, on asingle ticket, shall be entitled to a prize of $24.

(i) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $24$ (TWY FOR) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $24.

(j) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $18$ (EGHTN) appears in the ‘‘Prize’’ areaunder the matching ‘‘Your Numbers’’ play symbol, on asingle ticket, shall be entitled to a prize of $18.

(k) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in green ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $6.00 (SIX DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $12.

(l) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $12$ (TWLV) appears in the ‘‘Prize’’ area

under the matching ‘‘Your Numbers’’ play symbol, on asingle ticket, shall be entitled to a prize of $12.

(m) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in green ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $4.00 (FOR DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $8.

(n) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $8.00 (EGT DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $8.

(o) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in green ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $3.00 (THR DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $6.

(p) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $6.00 (SIX DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $6.

(q) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in green ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $2.00 (TWO DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $4.

(r) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $4.00 (FOR DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $4.

(s) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $3.00 (THR DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $3.

(t) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $2.00 (TWO DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $2.

(u) Holders of tickets upon which any one of the ‘‘YourNumbers’’ play symbols, printed in black ink, matcheseither of the ‘‘Lucky Numbers’’ play symbols and a prizeplay symbol of $1.00 (ONE DOL) appears in the ‘‘Prize’’area under the matching ‘‘Your Numbers’’ play symbol, ona single ticket, shall be entitled to a prize of $1.

8. Number and Description of Prizes and ApproximateOdds: The following table sets forth the approximatenumber of winners, amounts of prizes, and approximateodds of winning:

890 NOTICES


When Any of Your NumbersMatch Either Lucky Approximate No. ofNumber, Win With Approximate Winners Per 5,400,000Prizes Of: Win Odds Tickets

$1 x 2 $2 1:9.38 576,000$2 $2 1:13.76 392,400$3 $3 1:21.43 252,000$2 x 2 $4 1:300 18,000$4 $4 1:300 18,000$2(D) $4 1:75 72,000$1 x 6 $6 1:300 18,000$2 x 3 $6 1:500 10,800$3 x 2 $6 1:375 14,400$6 $6 1:500 10,800$3(D) $6 1:150 36,000$1 x 8 $8 1:300 18,000$2 x 4 $8 1:300 18,000$4 x 2 $8 1:750 7,200$3 x 2 + $2 $8 1:750 7,200$8 $8 1:1,500 3,600$4(D) $8 1:300 18,000$3 x 4 $12 1:1,500 3,600$2 x 6 $12 1:1,500 3,600$1 x 6 + $12 1:750 7,200

$3 x 2$6 x 2 $12 1:1,500 3,600$4 x 3 $12 1:1,500 3,600$3 x 2 + $6 $12 1:1,500 3,600$2 x 4 + $4 $12 1:1,500 3,600$12 $12 1:1,500 3,600$6(D) $12 1:750 7,200$2 x 7 + $4 $18 1:750 7,200$3 x 6 $18 1:750 7,200$8 + $6 + $4 $18 1:750 7,200$4 x 3 + $18 1:750 7,200

$2 x 3$12 + $6 $18 1:1,500 3,600$18 $18 1:1,500 3,600$3 x 8 $24 1:1,500 3,600$4 x 6 $24 1:1,500 3,600$2 x 6 + $24 1:1,500 3,600

$6 x 2$24 $24 1:1,500 3,600$12(D) $24 1:1,500 3,600$6 x 6 $36 1:4,000 1,350$24 + $8 + $4 $36 1:6,000 900$6 x 4 + $36 1:2,400 2,250

$4 x 3$12 x 3 $36 1:6,000 900$24 + $6 x 2 $36 1:4,286 1,260$24 + $4 x 3 $36 1:6,000 900$36 $36 1:6,000 900$18(D) $36 1:2,308 2,340$12 x 6 $72 1:8,000 675$18 x 4 $72 1:8,000 675$24 x 3 $72 1:24,000 225$72 $72 1:24,000 225$36(D) $72 1:6,000 900$18 x 4 + $24 x $144 1:20,000 270

2 + $12 x 2$24 x 6 $144 1:60,000 90$18 x 8 $144 1:60,000 90$144 $144 1:60,000 90$72(D) $144 1:20,000 270$25,000 $25,000 1:675,000 8

D = Double

NOTICES 891


9. Retailer Incentive Awards: The Lottery may conducta separate Retailer Incentive Game for retailers who sellPennsylvania Go for the Green instant lottery gametickets. The conduct of the game will be governed by 61Pa. Code § 819.222 (relating to retailer bonuses andincentives).

10. Unclaimed Prize Money: For a period of 1 year fromthe announced close of Pennsylvania Go for the Green,prize money from winning Pennsylvania Go for the Greeninstant lottery game tickets will be retained by theSecretary for payment to the persons entitled thereto. Ifno claim is made within 1 year of the announced close ofthe Pennsylvania Go for the Green instant lottery game,the right of a ticket holder to claim the prize representedby the ticket, if any, will expire and the prize money willbe paid into the State Lottery Fund and used forpurposes provided for by statute.

11. Governing Law: In purchasing a ticket, the cus-tomer agrees to comply with and abide by the StateLottery Law (72 P. S. §§ 3761-101—3761-314), the regula-tions contained in 61 Pa. Code Part V (relating to StateLotteries) and the provisions contained in this notice.

12. Termination of the Game: The Secretary may an-nounce a termination date, after which no further ticketsfrom this game may be sold. The announcement will bedisseminated through media used to advertise or promotePennsylvania Go for the Green or through normal com-munications methods.

LARRY P. WILLIAMS,Acting Secretary


Pennsylvania Pot O’ Gold ’01 Instant Lottery Game

Under the State Lottery Law (72 P. S. §§ 3761-101—3761-314), and 61 Pa. Code § 819.203 (relating to noticeof instant game rules), the Secretary of Revenue herebyprovides public notice of the rules for the followinginstant lottery game:

1. Name: The name of the game is Pennsylvania Pot O’Gold ’01.

2. Price: The price of a Pennsylvania Pot O’ Gold ’01instant lottery game ticket is $1.00.

3. Play Symbols: Each Pennsylvania Pot O’ Gold ’01instant lottery game ticket will contain one play area andone ‘‘Bonus Box’’ area. The play symbols and their

captions located in the play area are: $1.00 (ONE DOL),$2.00 (TWO DOL), $3.00 (THR DOL), $7.00 (SVN DOL),$17$ (SVNTN), $35$ (TRY FIV), $70$ (SEVENTY), $170(ONEHUNSTY) and $1,700 (SVNTNHUN). The play sym-bols and their captions located in the ‘‘Bonus Box’’ areaare: Clover Symbol (CLOVER) and TRY AGAIN.

4. Prizes: The prizes that can be won in this game are$1, $2, $3, $7, $17, $35, $70, $170 and $1,700.

5. Approximate Number of Tickets Printed For theGame: Approximately 7,200,000 tickets will be printed forthe Pennsylvania Pot O’ Gold ’01 instant lottery game.

6. Determination of Prize Winners:

(a) Holders of tickets with three matching play symbolsof $1,700 (SVNTNHUN) in the play area on a singleticket, shall be entitled to a prize of $1,700.

(b) Holders of tickets with three matching play symbolsof $170 (ONEHUNSTY) in the play area on a singleticket, shall be entitled to a prize of $170.

(c) Holders of tickets with three matching play symbolsof $70$ (SEVENTY) in the play area on a single ticket,shall be entitled to a prize of $70.

(d) Holders of tickets with three matching play symbolsof $35$ (TRY FIV) in the play area on a single ticket,shall be entitled to a prize of $35.

(e) Holders of tickets with a Clover Symbol (CLOVER)play symbol in the ‘‘Bonus Box’’ play area, on a singleticket, shall be entitled to a prize of $17.

(f) Holders of tickets with three matching play symbolsof $17$ (SVNTN) in the play area on a single ticket, shallbe entitled to a prize of $17.

(g) Holders of tickets with three matching play symbolsof $7.00 (SVN DOL) in the play area on a single ticket,shall be entitled to a prize of $7.

(h) Holders of tickets with three matching play symbolsof $3.00 (THR DOL) in the play area on a single ticket,shall be entitled to a prize of $3.

(i) Holders of tickets with three matching play symbolsof $2.00 (TWO DOL) in the play area on a single ticket,shall be entitled to a prize of $2.

(j) Holders of tickets with three matching play symbolsof $1.00 (ONE DOL) in the play area on a single ticket,shall be entitled to a prize of $1.

7. Number and Description of Prizes and ApproximateOdds: The following table sets forth the approximatenumber of winners, amounts of prizes, and approximateodds of winning:

Approximate No. ofApproximate Winners Per 7,200,000

Get Win Odds Tickets3-$1 $1 1:7.50 960,0003-$2 $2 1:18.75 384,0003-$3 $3 1:75 96,0003-$7 $7 1:300 24,0003-$17 $17 1:300 24,000CLOVER $17 1:75 96,0003-$35 $35 1:7,059 1,0203-$70 $70 1:24,000 3003-$170 $170 1:48,000 1503-$1,700 $1,700 1:900,000 8

CLOVER = Win $17 Automatically

892 NOTICES


8. Retailer Incentive Awards: The Lottery may conducta separate Retailer Incentive Game for retailers who sellPennsylvania Pot O’ Gold ’01 instant lottery game tickets.The conduct of the game will be governed by 61 Pa. Code§ 819.222 (relating to retailer bonuses and incentives).

9. Unclaimed Prize Money: For a period of 1 year fromthe announced close of Pennsylvania Pot O’ Gold ’01,prize money from winning Pennsylvania Pot O’ Gold ’01instant lottery game tickets will be retained by theSecretary for payment to the persons entitled thereto. Ifno claim is made within 1 year of the announced close ofthe Pennsylvania Pot O’ Gold ’01 instant lottery game,the right of a ticket holder to claim the prize representedby the ticket, if any, will expire and the prize money willbe paid into the State Lottery Fund and used forpurposes provided for by statute.

10. Governing Law: In purchasing a ticket, the cus-tomer agrees to comply with and abide by the StateLottery Law (72 P. S. §§ 3761-101—3761-314), the regula-tions contained in 61 Pa. Code Part V (relating to StateLotteries) and the provisions contained in this notice.

11. Termination of the Game: The Secretary may an-nounce a termination date, after which no further ticketsfrom this game may be sold. The announcement will bedisseminated through media used to advertise or promotePennsylvania Pot O’ Gold ’01 or through normal commu-nications methods.

LARRY P. WILLIAMS,Acting Secretary


DEPARTMENT OFTRANSPORTATION

Application for Lease of Right-of-Way

Notice is hereby given that under 67 Pa. Code§ 495.4(d) (relating to application procedure), an applica-tion to lease highway right-of-way has been submitted tothe Department by New Penn Hospitality Associates, L.P.,a New York Limited Partnership, 5835 N.W. 21st Way,Boca Raton, Florida 33496, to lease highway right-of-waylocated from Station Road along Bow Creek Road thencealong the Southbound Ramp for I-81, right-of-way abuts604 Station Road, Grantville, East Hanover Township,Dauphin County, containing 28,871.49 square feet +/�adjacent to S. R. 81, Ramp B to be used in conjunctionwith an existing lease area of 27,038 square feet alongBow Creek Road for purpose of parking. Total new areawill consist of 55,909.49 square feet or 1.283 acres.

Interested persons are invited to submit, within 30days from the publication of this notice in the Pennsylva-nia Bulletin, written comments, suggestions and/or objec-tions regarding the approval of this application to BarryG. Hoffman, P.E., District Engineeer, Engineering District8-0, 2140 Herr Street, Harrisburg, PA 17103-1699.

Questions regarding this application or the proposeduse may be directed to Kim J. Smith, Right-of-Way

Representative, 2140 Herr Street, Harrisburg, PA 17103-1699, (717) 772-5119.

BRADLEY MALLORY,Secretary


HISTORICAL ANDMUSEUM COMMISSION

National Register Nominations to be Consideredby the Historic Preservation Board

The following National Register Nominations will beconsidered at the March 13, 2001, meeting of the HistoricPreservation Board. The meeting will start at 9:45 a.m. inthe Board Room of the State Museum Building, Thirdand North Streets, Harrisburg, Pennsylvania. Individualswith a disability who wish to attend this meeting andrequire an auxiliary aid, service, or other accommodationto participate should contact Dan Deibler at (717) 783-8946 or through the Pennsylvania AT&T Relay Service at1 (800) 654-5984 (TDD) to discuss how the agency canaccommodate their needs. Persons who have any ques-tions or comments, should contact the Bureau for HistoricPreservation at (717) 783-8946.

Allegheny Plateau

1. Protection of the Flag Monument, 715 South MainStreet, Athens, Bradford County

Anthracite Region and Poconos—No nominations

Great Valley and Piedmont Region

2. Normandy Farm, 1411 Morris Road, Blue Bell,Whitpain Township, Montgomery County

3. Awbury Historic District, Roughly bounded by ChewAvenue, Avonhoe Road, Devon Place, Haines Street,Ardleigh Street, and Arboretum boundary northwest of E.Washington Lane, Philadelphia

4. Upper Roxborough Historic District, Roughlybounded by Shawmont Avenue, Hagy’s Mill Road, ManorRoad and the Schuylkill River, City of Philadelphia andSpringfield Township, Montgomery County

5. Harris/Laird, Schober & Company Building,2121-41 Market Street, Philadelphia

6. George K. Heller School, 439 Ashbourne Road,Cheltenham, Cheltenham Township, Montgomery County

7. Michael Derstine Farmstead, 956 Bypass Road,Perkasie. Hilltown Township, Bucks County

8. Chester Heights Camp Meeting Historic District, 320Valley Brook Road, Chester Heights Borough, DelawareCounty

9. John Nicholas and Elizabeth Moyer House, 152Hetrick Road, Jefferson Township, Berks County

10. William Shelly School and Annex, 201 NorthAdams Street at Stanton Street, West York Borough, YorkCounty

11. Zeta Psi Fraternity House, 49 South College Drive,Easton, Northampton County

NOTICES 893


Ridge and Valley12. Schellsburg Historic District, centered on Pitt

Street (Lincoln Highway), Market and Baltimore Streets(Related Multiple Property Listing = Lincoln HighwayHeritage Corridor Historic Resources: Franklin to West-moreland Counties, PA)

13. Stoystown Historic District, roughly bounded byWest and East Forbes Roads, East Main Street, MeadowStreet, East Penn Avenue, South Somerset Street, WestPenn Avenue and West Main Street (Related MultipleProperty Listing = Lincoln Highway Heritage CorridorHistoric Resources: Franklin to Westmoreland Counties,PA)Southwestern Pennsylvania

14. William Cree House, west side of SR 1011, 1/10 milenorth of SR 21, Jefferson Township, Greene County

15. John Frew House, 105 Sterrett Street, Pittsburgh,Allegheny County

16. Robert Parksinson Farm, State Route 18, 0.4 milenorth of Old Concord Village, 1 mile south of Sparta,Morris Township, Washington County

BRENT D. GLASS,Chairperson


INDEPENDENTREGULATORY REVIEW

COMMISSIONNotice of Filing of Final Rulemakings

The Independent Regulatory Review Commission (Com-mission) received the following regulations on the datesindicated. To obtain the date and time of the meeting atwhich the Commission will consider these regulations,contact the Commission at (717) 783-5417 or visit itsWebsite at www.irrc.state.pa.us. To obtain a copy of theregulation, contact the promulgating agency.Final-FormReg. No. Agency/Title Received57-214 Pennsylvania Public Utility

Commission01/31/01

Universal Service Fund

57-215 Pennsylvania Public UtilityCommission

01/31/01

Customer Information DisclosureRequirements For Natural GasDistribution Companies AndNatural Gas Suppliers

2-115 Department of Agriculture 01/31/01Sustainable Agriculture Pro-grams

Final-FormReg. No. Agency/Title Received2-132 Department of Agriculture 01/31/01

Dog SheltersJOHN R. MCGINLEY,

Chairperson[Pa.B. Doc. No. 01-237. Filed for public inspection February 9, 2001, 9:00 a.m.]

INSURANCE DEPARTMENTAmendments to Insurance Holding Companies

Law; Notice No. 2001-01

House Bill No. 550 (P. N. 4226) enacted December 20,2000, (Act 132-2000) contained a number of amendmentsto The Insurance Company Law of 1921. The bill can beobtained electronically from the Pennsylvania GeneralAssembly’s Electronic Bill Room by accessing the Insur-ance Department’s (Department) web site at www.insurance.state.pa.us or the Legislature’s web site atwww.legis.state.pa.us.

Act 132-2000 included three important amendments tothe Insurance Holding Companies Law1:

1. Adding preferred provider organizations (PPOs) tothe definition of ‘‘insurer’’ to bring risk-assuming PPOswithin the scope of the Insurance Holding CompaniesLaw. Therefore, acquisitions or mergers of domestic PPOswill be subject to the Department’s approval, and PPOswill be required to file annual holding company registra-tion statements and notices of intended material transac-tions. Initial registration statements must be filed byMarch 31, 2001.

2. Adding limited liability companies to the definitionof ‘‘person’’ to require the Department’s prior approval ofan acquisition of a domestic insurer by a limited liabilitycompany and the Department’s oversight of insuranceholding company systems in which the parent company isorganized as a limited liability company.

3. Adding pledges of assets to the types of materialtransactions involving affiliates in insurance holding com-pany systems that must be reported to the Departmentbefore the transactions occur. The Department has theauthority to disapprove material transactions within 30days of receiving notice.

The amendments will become effective February 17,2001.

Questions concerning this notice may be directed toStephen J. Johnson, CPA, Deputy Insurance Commis-sioner, Office of Regulation of Companies, 1345 Straw-berry Square, Harrisburg, PA 17120, (717) 783-2142/Fax:(717) 787-8557, [email protected].

M. DIANE KOKEN,Insurance Director


1 (Article XIV of The Insurance Company Law of 1921, added December 18, 1992,P. L. 1519, No. 178, 40 P. S. §§ 991.1401—991.1413)

894 NOTICES


Amendments to Insurance Holding CompaniesLaw (PPOs); Notice No. 2001-02

House Bill No. 550 (P. N. 4226) enacted December 20,2000 (Act 132-2000) contained a number of amendmentsto The Insurance Company Law of 1921. The bill can beobtained electronically from the Pennsylvania GeneralAssembly’s Electronic Bill Room by accessing the Insur-ance Department’s (Department) website at www.insurance.state.pa.us or the Legislature’s website at www.legis.state.pa.us.

One of the amendments in Act 132 will bring risk-assuming preferred provider organizations (PPOs) withinthe scope of the Insurance Holding Companies Law (40P. S. §§ 991.1401—991.1413)1 by adding PPOs to thedefinition of ‘‘insurer’’ in that law. Other amendments tothe Insurance Holding Companies Law will add limitedliability company to the definition of ‘‘person’’ and pledgesof assets to the types of transactions involving affiliatesin insurance holding company systems that must bereported to the Department before the transactions occur.The Act 132 amendments to the Insurance HoldingCompanies Law will become effective in 60 days ofenactment.

Therefore, as of February 17, 2001, PPOs will berequired to comply with the Insurance Holding Compa-nies Law, including the following:

1. An acquisition of control of or merger with a PPOmust be approved by the Department. See 40 P. S.§§ 991.1402 and 991.1403 (relating to acquisition ofcontrol of a merger with domestic insurer; and acquisi-tions involving insurers not otherwise covered).

2. A PPO that is a member of an insurance holdingcompany system must file a registration statement withthe Department by March 31, 2001, and each yearthereafter. See 40 P. S. § 991.1404 (relating to registra-tion of insurers).

3. Dividends and transactions within a holding com-pany system will be subject to standards and reportingrequirements. See 40 P. S. § 991.1405 (relating to stan-dards and management of an insurer within a holdingcompany system).

4. A PPO’s board of directors and committees mustcomply with requirements relating to membership. See 40P. S. § 991.1405(c) (relating to standards and manage-ment of an insurer within a holding company system).

Instructions and formats for the statements and noticesrequired to be filed under the law prescribed in theDepartment’s regulations in 31 Pa. Code Chapter 25(relating to rules and procedural requirements for insur-ance holding company systems). Additional applicationprocedures for acquisitions and mergers can be obtainedfrom the Department’s website by clicking on ‘‘Compa-nies,’’ ‘‘Company Licensing Applications and Forms,’’ andthen ‘‘Miscellaneous Documents.’’

Questions relating to acquisitions and mergers may bedirected to Robert Brackbill, Chief, Company LicensingDivision, (717) 783-2143, [email protected] relating to registration statements, dividends

and transactions may be directed to Kaushik Patel, Chief,Financial Analysis Division, (717) 787-5890, [email protected].

M. DIANE KOKEN,Insurance Commissioner


Application for Approval to Acquire Control ofReliant Insurance Company

Coast National Insurance Company, BRW Acquisition,Inc. and Bristol West Associates LLC have filed anapplication to acquire control of Reliant Insurance Com-pany, a Commonwealth domiciled stock casualty insur-ance company. The filing was made under the require-ments set forth under the May 17, 1971 (P. L. 682, No.284)(40 P. S. § 991.1402). Persons wishing to comment onthe acquisition are invited to submit a written statementto the Insurance Department (Department) within 7 daysfrom the date of this issue of the Pennsylvania Bulletin.Each written statement must include name, address andtelephone number of the interested party, identification ofthe application to which the statement is addressed, anda concise statement with sufficient detail and relevantfacts to inform the Department of the exact basis of thestatement. Written statements should be directed toRobert Brackbill, Company Licensing Division, InsuranceDepartment, 1345 Strawberry Square, Harrisburg, PA17120, by fax to (717) 787-8557 or by e-mail [email protected].



Dolores Roach; Hearing

Appeal of Dolores Roach; Under The Motor VehicleFinancial Responsibility Law; Catastrophic Loss BenefitsContinuation Fund; File No. F89-3846; Doc. No. CF01-01-018.

The proceedings in this matter will be governed by theAdministrative Agency Law, 2 Pa.C.S. §§ 501—508,701.704, the General Rules of Administrative Practice andProcedure, 1 Pa. Code § 31.1 et seq. and the InsuranceDepartment’s Special Rules of the Administrative Practiceand Procedure, 31 Pa. Code Chapter 56.

On or before February 8, 2001, each party shall filewith the Administrative Hearings Office via facsimile(717) 787-8781 and serve the other party via facsimile anentry of appearance designating the lead attorney orrepresentative to receive service or orders, filings andcommunications in this matter, together with that per-son’s address, telephone number and facsimile number.Each party shall similarly designate the lead attorney orrepresentative who will participate in the prehearingtelephone conference, if different than the person desig-nated for service.

1 Information on how to obtain a copy of the Insurance Holding Companies Law(Article XIV of The Insurance Company Law of 1921, added December 18, 1992, P. L.1519, No. 178) or the accompanying regulation (31 Pa. Code, Chapter 25) can beobtained from the Department’s Website. (Click on the ‘‘Companies’’ button at theleft-hand side of the home page.)

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Motions preliminary to those at hearing, protests,petitions to intervene, or notice of intervention, if any,must be filed on or before February 15, 2001 with theDocket Clerk, Administrative Hearings Office, CapitolAssociates Building, Room 200, 901 North Seventh Street,Harrisburg, Pennsylvania 17102.

Answers to petitions to intervene, if any, shall be filedon or before March 1, 2001.

A prehearing telephone conference initiated by thisoffice is scheduled for March 15, 2001, at 1:30 p.m. Eachparty shall supply to the Docket Clerk on or beforeFebruary 8, 2001, a telephone number to be used for thetelephone conference.

A date for a hearing shall be determined, if necessary,at the prehearing telephone conference.

At the prehearing telephone conference, the partiesshall be prepared to discuss settlement, stipulations,witnesses and documents anticipated for use at thehearing, estimated time for the hearing, specialevidentiary or legal issues and other matters relevant tothe orderly, efficient and just resolution of this matter.

The Presiding Officer will consider a written request forcontinuance of the prehearing telephone conference, forgood cause only. A party must contact the opposing partyprior to requesting a continuance. All continuance re-quests must indicate whether the opposing party objectsto a continuance.

Persons with a disability who wish to attend theabove-referenced administrative hearing and require anauxiliary aid service or other accommodation to partici-pate in the hearing, contact Tracey Pontius, AgencyCoordinator at (717) 787-4298.



Highmark Blue Cross Blue Shield Filing; Request-ing Approval to Increase Rates for COMPLETE-care Plan

By Filing No. 1-CCP-01-HBCBS, Highmark, Inc., d/b/aHighmark Blue Cross Blue Shield, requests approval toincrease the premium rates for its COMPLETEcare Plan.The filing requests an average increase of about 14.4% ofcurrent premium, or $22.20 per contract per month.Based on type of coverage and age of the insured, the rateincrease could range from 0% to 30%. This will affectabout 33,600 contractholders and produce additional pre-mium income of about $8.9 million. At the same time,Highmark is also requesting to utilize 5-year age bandedrates instead of its current 10-year age band structure.The requested effective date of the change is May 1, 2001.

Copies of the filing are available for public inspectionduring normal working hours, by appointment, at theInsurance Department’s offices in Harrisburg, Pittsburghand Erie.

Interested parties are invited to submit written com-ments, suggestions, or objections to Bharat Patel, Actuary,Insurance Department, Accident and Health Bureau, Of-fice of Rate and Policy Regulation, 1311 Strawberry

Square, Harrisburg, PA 17120, within 30 days of publica-tion of this notice in the Pennsylvania Bulletin.



Progressive Northern Insurance Company; PrivatePassenger Automobile Rate Revision

On January 29, 2001, the Insurance Department (De-partment) received from Progressive Northern InsuranceCompany a filing for a rate level change for privatepassenger automobile insurance.

The company requests an overall 4.7% increaseamounting to $9,822,000 annually, to be effective March30, 2001, for new business and May 27, 2001, for renewalbusiness.

Unless formal administrative action is taken prior toMarch 30, 2001, the subject filing may be deemed ap-proved by operation of law.

Copies of the filing will be available for public inspec-tion, by appointment, during normal working hours at theDepartment’s offices in Harrisburg, Philadelphia, Pitts-burgh, and Erie.

All interested parties are invited to submit writtencomments, suggestions, or objections to Michael W.Burkett, Insurance Department, Bureau of Regulation ofRates and Policies, Room 1311, Strawberry Square, Har-risburg, PA 17120 (E-mail at [email protected])within 30 days after publication of this notice in thePennsylvania Bulletin.



Three Rivers Health Plans, Inc.; HCFA UB-92 ClaimForm

On January 19, 2001, Three Rivers Health Plans, Inc.submitted a filing under section 1202 (c)(2) of the May 17,1921 (P. L. 682, No. 284) (40 P. S. § 991.1202(c)(2)) re-questing the ability to use a blank space on the UB-92claim form to gather additional claim information. Thisfiling would allow Three Rivers Health Plans, Inc. provid-ers the ability to enter Type of Service Code data into box49 of the UB-92 claim form. This request shall be deemedapproved by the Department if not disapproved within 60days after the receipt of the filing.

Copies of the filing are available for public inspectionduring normal working hours, by appointment, at theInsurance Department’s office in Harrisburg.

Interested parties are invited to submit written com-ments, suggestions or objections to Yen Lucas, Office of

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Rate and Policy Regulation, 1311 Strawberry Square,Harrisburg, PA 17120, within 15 days after publication ofthis notice in the Pennsylvania Bulletin.



LIQUOR CONTROL BOARDExpiration of Leases

The following Liquor Control Board lease will expire:

Dauphin County, Wine & Spirits Shoppe #2212,Jamesway Plaza, 1569 West Harrisburg Pike, Middle-town, PA 17057-4852.

Lease Expiration Date: December 31, 2002

Lease retail commercial space to the Commonwealth ofPennsylvania. Proposals are invited to provide the Penn-sylvania Liquor Control Board with approximately 2,350to 3,300 net useable square feet of new or existing retailcommercial space along PA Route 230 within/between theBoroughs of Middletown and Highspire.

Proposals due: March 9, 2001 at 12 Noon

Department: Pennsylvania Liquor Control BoardLocation: Real Estate Division, Brandywine

Plaza, 2223 Paxton Church Road, Har-risburg, PA 17110-9661

Contact: Ronald Hancher, Jr., (717) 657-4228

Delaware County, Wine & Spirits Shoppe #2304, 8 EastState Street, Media, PA 19063-2904.

Lease Expiration Date: August 31, 2004

Lease retail commercial space to the Commonwealth ofPennsylvania. Proposals are invited to provide the Penn-sylvania Liquor Control Board with approximately 4,000to 5,000 net useable square feet of new or existing retailcommercial space within a three (3) mile radius of Route3 and Rock Ridge Road.

Proposals due: March 9, 2001 at 12 Noon

Department: Pennsylvania Liquor Control BoardLocation: Real Estate Division, 8305 Ridge Av-

enue, Philadelphia, PA 19128-2113Contact: James M. Bradley, (215) 482-9672

Philadelphia County, Wine & Spirits Shoppe #5144, 1318Walnut Street, Philadelphia, PA 19107-5410.

Lease Expiration Date: March 31, 2004Lease retail commercial space to the Commonwealth ofPennsylvania. Proposals are invited to provide the Penn-sylvania Liquor Control Board with approximately 7,000to 14,000 net useable square feet of new or existing retailcommercial space on Chestnut or Walnut Streets, West of11th Street and East of Broad Street in Philadelphia.Proposals due: March 9, 2001 at 12 Noon


enue, Philadelphia, PA 19128-2113Contact James M. Bradley, (215) 482-9672

Montgomery County, Wine & Spirits Shoppe #4635, 1029N. Easton Road, Willow Grove, PA 19090-2030.Lease Expiration Date: June 30, 2001Lease retail commercial space to the Commonwealth ofPennsylvania. Proposals are invited to provide the Penn-sylvania Liquor Control Board with approximately 5,000net useable square feet of new or existing retail commer-cial space on Easton Road between York Road and PATurnpike in Upper Moreland Township.Proposals due: March 9, 2001 at 12 Noon


enue, Philadelphia, PA 19128-2113Contact: Robert Jolly, (215) 482-9672

JOHN E. JONES, III,Chairperson


MILK MARKETING BOARDHearing and Presubmission Schedule for All Milk

Marketing Areas

Calculation of Over-Price PremiumUnder the provisions of the Milk Marketing Law (31

P. S. § 700j-101 et seq.) the Milk Marketing Board(Board) will conduct a public hearing for Milk MarketingAreas 1, 2, 3, 4, 5, and 6 on March 7, 2001, at 10 a.m. inRoom 202 of the Agriculture Building, 2301 NorthCameron Street, Harrisburg, Pennsylvania.

The purpose of the hearing will be to receive testimonyand exhibits concerning the methodology used in thecalculation of the over-price premium.

The staff of the Board is deemed to be a party to thishearing, and the attorneys representing staff are deemedto have entered their appearances. Other persons thatmay be affected by the Board order establishing themethodology used to calculate the over-price premiummay be included on the Board’s list of parties by (1)having their attorney file with the Board by February 14,2001, a notice of appearance substantially in the formprescribed by 1 Pa. Code § 31.25, which shall identify byname and address the party on whose behalf the appear-ance is made. Thereafter, documents and other writtencommunications required to be served upon or furnishedto that party shall be sent to the attorney of record or (2)if unrepresented by an attorney and wishing to appear ontheir own behalf under 1 Pa. Code § 31.21, filing with theBoard by February 14, 2001, an address to which docu-ments and other written communications required to beserved upon them or furnished to them may be sent.

The parties shall observe the following requirements foradvance filing of witness information and exhibits. TheBoard may exclude witnesses or exhibits of a party thatfails to comply with these requirements. In addition, theparties shall have available in the hearing room at least20 copies of each document for the use of nonpartiesattending the hearing.

1. By 4 p.m. on February 21, 2001, each party shall filewith the Board six copies and serve on all other partiesone copy of:

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a. A list of witnesses who will testify for the party,along with a statement of the subjects concerning whicheach witness will testify. A witness who will be offered asan expert shall be so identified, along with the witness’sarea or areas of proposed expertise.

b. Each exhibit to be presented, including testimony tobe offered in written form.

2. By 4 p.m. on February 23, 2001, each party shall fileand serve as set forth in paragraph 1 information con-cerning rebuttal witnesses and copies of rebuttal exhibits.

Parties that wish to offer in evidence documents on filewith the Board, public documents or records in otherproceedings before the Board, or who wish the Board totake official notice of facts, shall comply with, respec-tively, 1 Pa. Code § 35.164, 35.165, 35.167 or 35.173.Whenever these rules require production of a documentas an exhibit, copies shall be provided to each Boardmember and to all other parties; in addition, at least 20copies shall be available for distribution to nonpartiesattending the hearing.

Requests by parties for Board staff to provide datapertinent to the hearing shall be made in writing andreceived in the Board office by 4 p.m. on February 16,2001.

The filing address for the Board is Milk MarketingBoard, Room 110, Agriculture Building, 2301 NorthCameron Street, Harrisburg, PA 17110.

Persons who require this information in an alternateformat should call (717) 787-4194 or (800) 654-5984 (PARelay Service for TDD Users).

LYNDA J. BOWMAN,Secretary


OFFICE OF GENERALCOUNSEL

Bond Counsel Invitation to Quality

The Commonwealth of Pennsylvania, acting by andthrough the Governor’s Office of General Counsel(‘‘OGC’’), from time to time selects from pools of qualifiedlegal service providers (‘‘Law Firms’’) to provide bond-related counsel work on behalf of its various issuingagencies. Selections are generally made from one of fourdistinct pools of qualified bond counsel, which wereestablished through a formal Invitation to Qualify (‘‘ITQ’’)selection process last year. OGC expects to continuemaking its bond counsel appointments for future Com-monwealth financing transactions to Law Firms qualifiedthrough the ITQ process.

At this time, OGC is inviting additional law firms toqualify for participation in each of the four establishedbond counsel pools.

OGC strongly encourages all interested Law Firms toparticipate at this time to ensure consideration of theirqualifications to provide bond counsel services to theCommonwealth of Pennsylvania. Please note that lawfirms currently included in a bond counsel pool are notrequired to submit qualifications for that pool, but may

submit qualifications for inclusion in other pools forwhich they are not currently qualified.

Law Firms may seek to provide bond counsel servicesfor one or more of the following Executive Agencies, orgroups of Executive Agencies, under the Governor’s juris-diction:

• Bond Pool 1Commonwealth of Pennsylvania, Office of the Budget,the Pennsylvania Infrastructure Investment Author-ity (PENNVEST) and/or the State System of HigherEducation

• Bond Pool 2Pennsylvania Housing Finance Agency

• Bond Pool 3Pennsylvania Economic Development Financing Au-thority and the Pennsylvania Industrial DevelopmentAuthority

• Bond Pool 4Pennsylvania Higher Educational Facilities Authorityand the State Public School Building Authority

For more information regarding this ITQ, Law Firmsare encouraged to visit OGC’s web site at ww-w.ogc.state.pa.us. To request a copy of the ITQ, LawFirms should contact M. Jane Demko by mail at theGovernor’s Office of General Counsel, 333 Market Street,17th Floor, Harrisburg, PA 17101, by e-mail [email protected] or by fax at (717) 787-1788.

Submissions to this ITQ are due by 2 p.m. on March16, 2001. OGC will reject as non-responsive all submis-sions received after this date and time. E-mail or faxsubmissions will not be accepted. OGC is not responsiblefor any expenses that Law Firms may incur in preparingand submitting to this ITQ. All information submittedwill become the property of OGC and may become publicinformation. Please note that OGC reserves the right tochange, suspend, discontinue or modify any aspect of thisITQ process at any time.

JAMES M. SHEEHAN,General Counsel


PENNSYLVANIA PUBLICUTILITY COMMISSION

Pennsylvania Public Utility Commission, Law Bu-reau Prosecutory Staff v. QUEST Telecommuni-cations, Inc.; Doc. No. C-00004124; A-310181

Public Meetingheld January 24, 2001

Commissioners Present: John M. Quain, Chairperson;Robert K. Bloom, Vice Chairperson; Nora MeadBrownell; Aaron Wilson, Jr.; Terrance J. Fitzpatrick

Default Order

By the Commission:

On August 30, 2000, the Law Bureau Prosecutory Staffinstituted a complaint against QUEST Telecommunica-tions, Inc. (the Respondent), an IXC reseller certificatedat A-310181. In the complaint, Prosecutory Staff alleged

898 NOTICES


that the Commission sent by certified mail a notice to theRespondent that its monthly Universal Service Fundassessments were overdue by 3 or more months. Thecomplaint charged that the Respondent violated the Com-mission’s order entered on February 4, 2000, at DocketNo. L-00000148 (Rulemaking Re Establishing UniversalService Fund Regulations at Pa. Code §§ 63.141—63.1502) by not paying the monthly assessments.

The complaint sought an order from the Commissioncanceling the Respondent’s certificate of public conve-nience for failure to pay its assessment and accrued latecharges. The complaint was mailed by the Secretary’sBureau on August 31, 2000, and according to the postalreturn receipt, service was perfected on September 6,2000. To date, more than 20 days later, no answer hasbeen filed to the complaint and the assessments have stillnot been paid; Therefore, It Is Ordered That:

1. The allegations in the Law Bureau ProsecutoryStaff’s complaint are deemed admitted and the complaintis thereby sustained.

2. The Secretary serve a copy of this Order upon alljurisdictional telecommunication carriers, the Office ofConsumer Advocate, the Office of Small Business Advo-cate, the Office of Trial Staff, and the Attorney General’sBureau of Consumer Protection, and also cause a copy ofthis Order to be published in the Pennsylvania Bulletinwith a 20-day comment period.

3. QUEST Telecommunications, Inc. immediately ceaseproviding service to any new customers and, within 10days of the entry of this Order, provide a written notice toeach existing customer directing each to select an alterna-tive IXC service provider within 30 days of the date of thenotice. Such notice must include a statement of theCommission’s intent to cancel the company’s certificate ofpublic convenience absent public comment within the20-day time period established pursuant to OrderingParagraph No. 2, above.

4. Absent the filing of adverse public comment, 30 daysafter publication in the Pennsylvania Bulletin and with-out further action by the Commission, the certificate ofpublic convenience held by QUEST Telecommunications,Inc. at Docket No. A-310181 shall be canceled, and thecompany’s name stricken from all active utility listsmaintained by the Tariff and Annual Report Section ofthe Commission’s Bureau of Fixed Utility Services andthe Assessment Section of the Bureau of Audits.By the Commission



RailroadWith Hearing

A-00114338. Department of Transportation. Appli-cation of the Department of Transportation of the Com-monwealth of Pennsylvania for approval to abolish theexisting crossing where S.R. 0522 crosses at grade twotracks of East Broad Top Railroad and Coal Company(AAR 003 135*) in Cromwell Township, HuntingdonCounty; and the allocation of costs and expenses incidentthereto.

An initial hearing on this matter will be held Tuesday,March 6, 2001, at 10 a.m. in hearing room 4, Plaza Level,

Commonwealth Keystone Building, 400 North Street,Harrisburg, PA, when and where all persons in interestmay appear and be heard, if they so desire.




C-00004081 Heath Ressler, et al. v. Reading, BlueMountain and Northern Railroad Company. Com-plainants express concern of the condition of a timbercurbing wall along the tracks of the railroad along LowerRailroad Street in the Borough of Girardville. Also, whatactions are necessary to address the safety issues, includ-ing the performance of any work required, the allocationof any costs incurred in connection therewith and theassignment of future maintenance.

An initial hearing will be held Thursday, March 22,2001, at 10 a.m. in hearing room 2, Plaza Level, Com-monwealth Keystone Building, 400 North Street, Harris-burg, PA, when and where all persons in interest mayappear and be heard, if they so desire.




C-00004371. Borough of Gilberton v. Reading, BlueMountain and Northern Railroad Company. Com-plainant expresses concern of the condition of a timbercurbing wall along the tracks of the railroad along LowerRailroad Street in the Borough of Gilberton. Also, whatactions are necessary to address the safety issues, includ-ing the performance of any work required, the allocationof any costs incurred in connection therewith and theassignment of future maintenance responsibilities.

An initial hearing will be held Thursday, March 15,2001, at 10 a.m. in hearing room 2, Plaza Level, Com-monwealth Keystone Building, 400 North Street, Harris-burg, PA, when and where all persons in interest mayappear and be heard, if they so desire.



Service of Notice of Motor Carrier Applications

The following temporary authority and/or permanentauthority applications for the right to render service as acommon carrier or contract carrier in this Commonwealthhave been filed with the Pennsylvania Public UtilityCommission (Commission). Publication of this notice shallbe considered as sufficient notice to all carriers holding

NOTICES 899


authority from this Commission. Applications will beconsidered without hearing in the absence of protests tothe application. Protests to the applications publishedherein are due on or before March 5, 2001, as set forth at52 Pa. Code § 3.381 (relating to the applications for thetransportation of property and persons). The protestsshall also indicate whether it applies to the temporaryauthority application or the permanent application orboth.

Applications of the following for approval of thebeginning of the exercise of the right and privi-lege of operating motor of operating motor ve-hicles as common carriers for the transportationof persons by transfer of rights as describedunder each application.

A-00117471. Imperial Coach Limousine, Inc. (3100Liberty Avenue, Pittsburgh, Allegheny County, PA 15201),a corporation of the Commonwealth of Pennsylvania—transfer—persons in limousine service, (1) from points inAllegheny County, to points in the counties of Washingtonand Butler; and (2) between points in Butler County andfrom points in Butler County to points in AlleghenyCounty; subject to the following conditions: (a) that noright, power or privilege is granted to transport personsattending funerals or to provide service for funeralhomes; (b) that no right, power or privilege is granted totransport persons from Pittsburgh International Airportin Allegheny County to points in Washington County; (c)that no right, power or privilege is granted to transportpersons from Butler County to Pittsburgh InternationalAirport in Allegheny County, or vice versa; and (d) that noright, power or privilege is granted to provide servicebetween points in the townships of Adams, Con-noquenessing, Cranberry, Forward, Jackson, Lancaster,Butler, Penn and Middlesex, the city of Butler, and theboroughs of Seven Fields, Zelienople, Evans City, Har-mony, Callery, Mars, Connoquenessing and Valencia, allin Butler County, or from points in said townships, citiesand boroughs in Butler County to points in AlleghenyCounty or vice versa; which is to be a transfer of therights authorized under the certificate issued to NightLife Limousine, Inc., at A-00111664, subject to the samelimitations and conditions. Attorney: Edward C.Morascyzk, 382 West Chestnut Street, Washington, PA15301.



Sewer ServiceWithout Hearing

A-230456F2000. Spray Irrigation, Inc. Application ofSpray Irrigation for approval of the transfer of the sewagedisposal system of Spray Irrigation, Inc., to the Townshipof West Brandywine, and for the abandonment by SprayIrrigation of all sewer service to the public in theCommonwealth of Pennsylvania.

Notice is hereby given that this application may beconsidered without a hearing. Protests or petitions tointervene can be filed with the Pennsylvania PublicUtility Commission, P. O. Box 3265, Harrisburg, PA

17105-3265, with a copy served on the applicant on orbefore February 26, 2001, under 52 Pa. Code (relating topublic utilities).

Applicant: Spray Irrigation, Inc.

Through and By Counsel: Diane Tokarsky, McNeesWallace and Nurick, P. O. Box 1166, 100 Pine Street,Harrisburg, PA 17108.



Telecommunications

A-310633F0002. Verizon Pennsylvania Inc. f/k/aBell Atlantic-Pennsylvania, Inc. and Level 3 Com-munications, LLC. Joint Petition of Verizon Pennsylva-nia Inc. f/k/a Bell Atlantic-Pennsylvania, Inc. and Level 3Communications, LLC, for approval of a replacementinterconnection agreement under section 252(e) of theTelecommunications Act of 1996.

Verizon Pennsylvania Inc. f/k/a Bell Atlantic-Penn-sylvania, Inc. and Level 3 Communications, LLC, by itscounsel, filed on January 26, 2001, at the Public UtilityCommission, a Joint Petition for approval of a replace-ment interconnection agreement under sections 251 and252 of the Telecommunications Act of 1996.

Interested parties may file comments concerning thepetition and agreement with the Secretary, PennsylvaniaPublic Utility Commission, P. O. Box 3265, Harrisburg,PA 17105-3265. All such comments are due on or before10 days after the date of publication of this notice. Copiesof the Verizon Pennsylvania Inc. f/k/a Bell Atlantic-Pennsylvania, Inc. and Level 3 Communications, LLCJoint Petition are on file with the Pennsylvania PublicUtility Commission and are available for public inspec-tion.

The contact person is Cheryl Walker Davis, Director,Office of Special Assistants, (717) 787-1827.



PHILADELPHIA REGIONALPORT AUTHORITY

Request for Bids

The Philadelphia Regional Port Authority (PRPA) willaccept sealed bids for Project #0029.1a, Facade Repairsat Piers 38-40 S. & 78 S. until 2 p.m. on Thursday, March1, 2001. The bid documents can be obtained from theDirector of Procurement, PRPA, 3460 N. Delaware Ave.,2nd Fl., Phila., PA 19134, (215) 426-2626 and will beavailable February 13, 2001. The cost of the bid documentis $35.00 (includes 7% PA Sales Tax). The cost is non-refundable. PRPA is an equal opportunity employer. Con-tractor must comply with all applicable equal opportunitylaws and regulations.

900 NOTICES


Mandatory prebid job site meeting will be held Febru-ary 22, 2001, 10 a.m. at the front gate of Piers 38—40,Christian St. & Columbus Blvd.

JAMES T. MCDERMOTT,Executive Director


Request for Bids

The Philadelphia Regional Port Authority (PRPA) willaccept sealed bids for Project #0029.1b, Facade Repairsat Pier 84 S. until 3 p.m. on Thursday, March 1, 2001.The bid documents can be obtained from the Director ofProcurement, PRPA, 3460 N. Delaware Ave., 2nd Flr.,Phila., PA 19134, (215) 426-2626 and will be availableFebruary 13, 2001. The cost of the bid document is $35.00(includes 7% PA Sales Tax). The cost is nonrefundable.PRPA is an equal opportunity employer. Contractor mustcomply with all applicable equal opportunity laws andregulations.

Mandatory prebid job site meeting will be held Febru-ary 22, 2001, 11 a.m. at the front gate of Pier 84 S.,Porter St. Columbus Blvd.

JAMES T. MCDERMOTT,Executive Director


PUBLIC SCHOOLEMPLOYEES’ RETIREMENT

BOARDHearings Scheduled

Hearings have been scheduled, as authorized by 24Pa.C.S. Part IV (relating to Public School Employees’Retirement Code), in connection with the Public SchoolEmployees’ Retirement System’s denial of Claimants’requests concerning the indicated accounts.

The hearings will be held before a hearing examiner atthe Public School Employees’ Retirement System, 5 NorthFifth Street, Harrisburg, PA 17101:February 28, 2001 Ann Thomas

(Membership Eligibility)1 p.m.

Mary A. Hutchinson(Membership Eligibility)

2:30 p.m.

March 7, 2001 Phillip H. Oskowski (D)(Change of Option)

1 p.m.

Persons with a disability who wish to attend theabove-listed hearings and require an auxiliary aid, serviceor other accommodation to participate in the proceedings,should contact Marilyn Fuller-Smith, Assistant ExecutiveDirector, at (717) 720-4700 to discuss how the PublicSchool Employees’ Retirement System may best accommo-date their needs.

Parties may appear with or without counsel and offerrelevant testimony or evidence to support their respective

positions. The hearings will be held in accordance withthe requirements of 2 Pa.C.S. §§ 501—508 and 701—704(relating to the Administrative Agency Law). Under 22Pa. Code § 201.1, (relating to applicability of generalrules), procedural matters will be in conformance with 1Pa. Code Part II (relating to the General Rules of Admin-istrative Practice and Procedure), unless specific exemp-tion is granted.

DALE H. EVERHART,Secretary


STATE ETHICSCOMMISSION

Public Meeting

HarrisburgThe Public Official and Employee Ethics Law requires

that the State Ethics Commission (Commission) hold atleast two public hearings each year to seek input frompersons and organizations who represent any individualsubject to the provisions of the law and from otherinterested parties.

The Commission will conduct a public meeting in Room307 Finance Building, Harrisburg, Pennsylvania on Feb-ruary 27, 2001, beginning at 9 a.m. for purposes ofreceiving said input and for the conduct of other agencybusiness. Public officials, public employees, organizationsand members of the general public may attend.

Persons seeking to testify or present any statement,information or other comments in relation to the EthicsLaw, the regulations of the State Ethics Commission oragency operations should contact Claire J. Hershberger at(717) 783-1610 or (800) 932-0936. Written copies of anystatement should be provided at the time of the meeting.

DANEEN E. REESE,Chairperson


TURNPIKE COMMISSIONRetention of an Engineering Firm

Modification and Expansion of the Harrisburg EastInterchange Dauphin County, PA

Reference No. 3-136The Turnpike Commission (Commission) will retain an

engineering firm to prepare preliminary and final designplans for the modification and expansion of the Harris-burg East Interchange (#19) Toll Plaza (Milepost 247.4) toprovide an expanded facility for access to and from S.R.283, in Lower Swatara Township, Dauphin County, Penn-sylvania.

The required engineering services will include fieldsurveys, coordination with utility companies and services,soils investigations, and corresponding reports. Architec-tural services will include design of the toll plaza build-

NOTICES 901


ing, interior design, landscape design, toll booths, canopyand other related tasks necessary for the Project. Signifi-cant building program data will be provided from previ-ous similar Projects. In addition, the necessary plans andcontract documents will be required for interchange sign-ing, lighting, maintenance and protection of traffic, con-struction staging, contour grading, drainage, and roadsidedevelopment. E-ZPass operations will be maintained dur-ing the construction of the new facility. Additional right-of-way is not anticipated as part of this Project. Ifenvironmental services are needed for this Project, theywill be provided by others.

The following factors will be considered by the Commis-sion during the evaluation of the firms submitting Lettersof Interest for this project:

a. Specialized experience and technical competence ofprime consultant and subconsultants. The Team mustclearly demonstrate an ability to analyze available datato make decisions and develop plans to complete theproject in a timely and cost effective manner.

b. Past record of performance with respect to costcontrol, work quality ability to meet schedules and previ-ous experience on similar projects. The consultant shouldidentify similar projects that have been completed by thatfirm as the prime, the magnitude of the project, and theclient.

c. The specific experience and number of individualswho constitute the firm.

d. Location of consultant’s office where the work will beperformed.

e. Workload of the prime consultant and subconsult-ants for all Department of Transportation (Department)and Commission projects.

f. Other factors, if any, specific to the project.Address these items and any necessary further details

in a brief yet comprehensive manner in the letter ofinterest.

Direct inquires to Jeffrey C. Davis, P.E., (717) 939-9551,extension 5160 or by email to [email protected].

General Requirements and InformationFirms interested in providing the above work and

services are invited to submit a Letter of Interest withthe required information. The Letters of Interest mustinclude the following:

1. One page transmittal letter clearly identifying theproject reference number, brief description of the projectfrom the advertisement, the firm’s federal identificationnumber, the firm’s legal name, contact person or projectmanager, address of corporate office and project office. (Ifthe firm has multiple offices, the location of the officeperforming the work must be identified)

2. A three page expression of interest on the advertisedproject. Each firm should demonstrate their ability toperform the specific requirements indicated for the projectand provide explanation that the firm has successfullycompleted similar type projects of the same magnitude.

3. An organization chart for the Project, identifying keypersonnel and any subconsultants and their roles. Anydeviation from the subconsultant’s listed in the letter ofinterest will require written approval from the Commis-sion.

4. Tabulation of workload for the prime consultant andall subconsultants for all Department and Commissionprojects.

5. An Annual Qualification Package similar to the onesubmitted to the Department for the current year that isin the same District as the project or one that is bestsuited for the project.

The Annual Qualification Package should contain at aminimum the following information for the prime consult-ant and all subconsultants and attached to the back ofthe letter of interest (subs to follow primes):

• Standard Form (SF) 254—Architect-Engineer andRelated Services Questionnaire in is entirety, not morethan 1 year old as of the date of the advertisement.

• Resumes of key personnel expected to be involved inthe project. (limit to one 8 1/2 x 11 page, one side, perperson). Only resumes of key personnel should be in-cluded.

• Copy of the firm’s registration to do business in theCommonwealth as provided by the Department of Statefor firms with out-of-state headquarters or corporationsnot incorporated in this Commonwealth.

• A copy of the Department’s DBE/WBE Certification,if applicable.

If a Joint Venture responds to a project advertisement,the Commission will not accept separate letters of inter-est from joint venture constituents. A firm will not bepermitted to submit a letter of interest on more than onejoint venture for the same project reference number. Also,a firm that responds to a project as a prime may not beincluded as a designated subconsultant to another firmthat responds to the same project advertisement. Thisdoes not preclude a firm from being set forth as adesignated subconsultant to more than one prime consult-ant responding to the project advertisement.

The Commission is committed to the inclusion of disad-vantaged, minority, and women firms in contracting op-portunities. The minimum participation level for DBE/MBE/WBEs in these contracts will be 10% each.Responding firms will clearly identify DBE/MBE/WBEfirms, expected to participate in these contracts, in theirletter of interest. If the selected firm does not meet theminimum requirement for DBE/MBE/WBE participation,they will be required to demonstrate good faith efforts toacheive the required level. Proposed DBE/MBE/WBEfirms must be certified by the Department of Transporta-tion at the time of the submission of the letter of interest.If further information is desired concerning DBE/MBE/WBE participation, direct inquiries to the Office of EqualOpportunity Developement, Turnpike Commission, (717)939-9551 ext. 4241.

Firms interested in performing the above services areinvited to submit a letter of interest and required infor-mation to Barry L. Troup, P.E., Assistant Chief Engineerfor Design, Turnpike Commission Administration Build-ing, 176 Kost Road, Carlisle, PA 17013-0779. (FedExaddress: 176 Kost Road, Carlisle, PA 17013-0779) (Mail-ing Address: P. O. Box 67676, Harrisburg, PA 17106-7676).

The letter of interest and required information must bereceived by 12 p.m., Friday, March 2, 2001. Any letters ofinterest received after this date and time will be time-stamped and returned.

Based on an evaluation of acceptable letters of interestreceived in response to these solicitations, one firm willbe selected for each project. The order of preference willbe established for the purpose of negotiating an agree-ment with the highest ranked firm established by the

902 NOTICES


Technical Review Committee and approved by the Com-mission. Technical Proposals will not be requested prior toselection.

The Commission reserves the right to reject all lettersof interest, to cancel solicitation requested under thisnotice, and/or to readvertise solicitation for the work andservices.

BRADLEY L. MALLORY,Chairperson


NOTICES 903


STATE CONTRACTS INFORMATIONDEPARTMENT OF GENERAL SERVICES

Notices of invitations for bids and requests for proposals on State contracts for services and commodities for which thebid amount is reasonably expected to be over $10,000, are published in the State Contracts Information Section of thePennsylvania Bulletin prior to bid opening date. Information in this publication is intended only as notification to itssubscribers of available bidding and contracting opportunities, and is furnished through the Department of GeneralServices, Vendor Information and Support Division. No action can be taken by any subscriber or any other person, and theCommonwealth of Pennsylvania is not liable to any subscriber or any other person, for any damages or any other costsincurred in connection with the utilization of, or any other reliance upon, any information in the State ContractsInformation Section of the Pennsylvania Bulletin. Interested persons are encouraged to call the contact telephone numberlisted for the particular solicitation for current, more detailed information.

EFFECTIVE JULY 1, 1985, A VENDOR’S FEDERAL IDENTIFICATION NUMBER (NUMBER ASSIGNED WHENFILING INCOME TAX DOCUMENTS) OR SOCIAL SECURITY NUMBER IF VENDOR IS AN INDIVIDUAL,MUST BE ON ALL CONTRACTS, DOCUMENTS AND INVOICES SUBMITTED TO THE COMMONWEALTH.

Act 266 of 1982 provides for the payment of interest penalties on certain invoices of ‘‘qualified small businessconcerns’’. The penalties apply to invoices for goods or services when payments are not made by the required paymentdate or within a 15 day grace period thereafter.

Act 1984-196 redefined a ‘‘qualified small business concern’’ as any independently owned and operated, for-profitbusiness concern employing 100 or fewer employees. See 4 Pa. Code § 2.32. The business must include the followingstatement on every invoice submitted to the Commonwealth: ‘‘(name of business) is a qualified small business concern asdefined in 4 Pa. Code 2.32.’’

A business is eligible for payments when the required payment is the latest of:The payment date specified in the contract.30 days after the later of the receipt of a proper invoice or receipt of goods or services.The net payment date stated on the business’ invoice.

A 15-day grace period after the required payment date is provided to the Commonwealth by the Act.For more information: contact: Small Business Resource Center

PA Department of Community and Economic Development374 Forum BuildingHarrisburg, PA 17120800-280-3801 or (717) 783-5700

904


GET A STEP AHEAD IN COMPETING FOR A STATE CONTRACT!The Treasury Department’s Bureau of Contracts and Public Records can help you do business with state governmentagencies. Our efforts focus on guiding the business community through the maze of state government offices. Thebureau is, by law, the central repository for all state contracts over $5,000. Bureau personnel can supply descriptions ofcontracts, names of previous bidders, pricing breakdowns and other information to help you submit a successful bid ona contract. We will direct you to the appropriate person and agency looking for your product or service to get you ‘‘AStep Ahead.’’ Services are free except the cost of photocopying contracts or dubbing a computer diskette with a list ofcurrent contracts on the database. A free brochure, ‘‘Frequently Asked Questions About State Contracts,’’ explains how totake advantage of the bureau’s services.Contact: Bureau of Contracts and Public Records

Pennsylvania State TreasuryRoom G13 Finance BuildingHarrisburg, PA 17120717-787-29901-800-252-4700

BARBARA HAFER,State Treasurer

5810-03 Microcomputer & Local Area Network (LAN) Software. During each quarter ofthe current calendar year, new contractors may seek to be added to the list of qualifiedcontractors for the Microcomputer & Local Area Network (LAN) Sofware, 5810-03. Alsoexisting qualified contractors may seek to become qualified for additional categories ofsupplies or services. In order to be considered, contractors must submit a completedbid, 5810-03 to ensure receipt by the Commonwealth on or before 1:30 PM EasternTime on the last Commonwealth business day of each quarter (the �deadline�). A�quarter� is defined as the three consecutive calendar months ending with the lastbusiness day of the months of March, June, September, and December of a calendaryear. Those bids received before the deadline will be evaluated beginning the 1stbusiness day of the month immediately following the deadline. The evaluation cyclewill take an estimated 25 Commonwealth business days (subject to workload andholidays). Bids received after the deadline (but on or before the deadline for the nextquarter) will be held and evaluated after the deadline for the next quarter. There willbe no exceptions. To receive copy of bid package fax request to (717) 787-0725 or callour faxback system at (717) 705-6001.

Department: General ServicesLocation: Harrisburg, PADuration: FY 2000-01Contact: Vendor Services, (717) 787-2199

732-4970 The State Correctional Inst. Graterford is seeking vendors to supply 5,000yards of 60� wide khaki twill material to be used in the manufacturing of Ike jackets.Material to be 65 poly / 35 cotton. Exact specifications will be provided with bidproposal.

Department: CorrectionsLocation: CORRECTIONAL INDUSTRIES, Box 246, (Off Rt. 29), Graterford,

PA 19426Duration: Feb. 2001 thru June 30, 2001Contact: Gerald L. Arasin, Manager II, (610) 489-4151 Ext.2310

5850-01 Microcomputer, LAN Hardware & Peripherals. During each quarter of thecurrent calendar year, new contractors may seek to be added to the list of qualifiedcontractors for the Microcomputer & Local Area Network (LAN) Hardware &Peripherals, 5850-01. Also existing qualified contractors may seek to become qualifiedfor additional categories of supplies or services. In order to be considered, contractorsmust submit a completed bid, 5850-01 to ensure receipt by the Commonwealth on orbefore 1:30 PM Eastern Time on the last Commonwealth business day of each quarter(the �deadline�). A �quarter� is defined as the three consecutive calendar months endingwith the last business day of the months of March, June, September, and December ofa calendar year. Those bids received before the deadline will be evaluated beginningthe 1st business day of the month immediately following the deadline. The evaluationcycle will take an estimated 25 Commonwealth business days (subject to workload andholidays). Bids received after the deadline (but on or before the deadline for the nextquarter) will be held and evaluated after the deadline for the next quarter. There willbe no exceptions. To receive copy of bid package fax request to (717) 787-0725 or callour faxback system at (717) 705-6001.


6350-01 Security System Services. During each quarter of the current calendar year,new contractors may seek to be added to the list of qualified contractors for theSecurity System Services, 6350-01. Also existing qualified contractors may seek tobecome qualified for additional categories of supplies or services. In order to beconsidered, contractors must submit a completed bid, 6350-01 to ensure receipt by theCommonwealth on or before 1:30 PM Eastern Time on the last Commonwealthbusiness day of each quarter (the �deadline�). A �quarter� is defined as the threeconsecutive calendar months ending with the last business day of the months ofMarch, June, September, and December of a calendar year. Those bids received beforethe deadline will be evaluated beginning the 1st business day of the monthimmediately following the deadline. The evaluation cycle will take an estimated 25Commonwealth business days (subject to workload and holidays). Bids received afterthe deadline (but on or before the deadline for the next quarter) will be held andevaluated after the deadline for the next quarter. There will be no exceptions. Toreceive copy of bid package fax request to (717) 787-0725 or call our faxback system at(717) 705-6001.


1358150 2001 Model Town & Country AWD Limited. For a copy of bid package faxrequest to (717) 787-0725. If you have problems downloading a bid, please call our FaxBack System at (717) 705-6001.


6350-03 Surveillance & Security Equipment & Supplies. During each quarter of thecurrent calendar year, new contractors may seek to be added to the list of qualifiedcontractors for the Surveillance & Security Equipment & Supplies, 6350-03. Alsoexisting qualified contractors may seek to become qualified for additional categories ofsupplies or services. In order to be considered, contractors must submit a completedbid, 6350-01 to ensure receipt by the Commonwealth on or before 1:30 PM EasternTime on the last Commonwealth business day of each quarter (the �deadline�). A�quarter� is defined as the three consecutive calendar months ending with the lastbusiness day of the months of March, June, September, and December of a calendaryear. Those bids received before the deadline will be evaluated beginning the 1stbusiness day of the month immediately following the deadline. The evaluation cyclewill take an estimated 25 Commonwealth business days (subject to workload andholidays). Bids received after the deadline (but on or before the deadline for the nextquarter) will be held and evaluated after the deadline for the next quarter. There willbe no exceptions. To receive copy of bid package fax request to (717) 787-0725 or callour faxback system at (717) 705-6001.


EO01-HVP Snow Removal Equipment—High volume plowing ability to fit on anyrubber-tire loader or backhoe with a fast-connect receiver system made of solid steelplate. For a copy of the solicitation FAX your request to State Armory Board (717)861-2932.

Department: Military AffairsLocation: Fort Indiantown Gap, Annville, PA 17003Duration: 30 Jun 01Contact: Gene Ollar, (717) 861-2921

01/24/01 2 each—ATV’s to be a Kawasaki Bayou 300 4x4 or approved equal. 1each—Transport trailer properly sized to haul one ATV Additional accessories: hitches,light guards, battery charger, racks, ramps and WARN A2000 winch. Bid price toinclude delivery to Delaware Canal State Park.

Department: Conservation and Natural ResourcesLocation: Delaware Canal State Park, 11 Lodi Hill Road, Upper Black Eddy,

PA 18972Duration: Upon receiptContact: Kenneth Lewis, (610) 982-5560

STATE CONTRACTS INFORMATION 905


2186 Furnish one (1) AERCO semi-instantaneous hot water heater, Model B+041/1.25/E, as manufactured by AERCO International, Inc. Heater shall be rated to heat25 GPM of water from 40 degree F to 120 degree F, when supplied with 1000 #/hoursaturated steam at 30 psi to the control valve.

Department: CorrectionsLocation: State Correctional Institution, Route 405, P. O. Box 180, Muncy, PA

17765Duration: Bid Closing Date: February 21st, 2001Contact: Cindy Lyons, (570) 546-3171

1368110 Coal Stoker Equipment. For a copy of bid package fax request to (717)787-0725.

Department: CorrectionsLocation: Waymart, PADuration: FY 2000-01Contact: Vendor Services, (717) 787-2199

1369200 Imprinted Erasers and Rulers. For a copy of bid package fax request to (717)787-0725.

Department: State PoliceLocation: PA State Police Academy, Hershey, PADuration: FY 2000-01Contact: Vendor Services, (717) 787-2199

1229110 Laundry Equipment. For a copy of bid package fax request to (717) 787-0725.Department: CorrectionsLocation: Hunlock Creek, PADuration: FY 2000-01Contact: Vendor Services, (717) 787-2199

1335040 Thermal Cycler with Optical Upgrade. For a copy of bid package fax requestto (717) 787-0725.

Department: AgricultureLocation: Harrisburg, PADuration: FY 2000-01Contact: Vendor Services, (717) 787-2199

1363150 Commonwealth Telephone Directories. For a copy of bid package fax requestto (717) 787-0725.


4809-215 Cold rolled flat stock Gauge stainless steel sheet Hot rolled steel rodsDepartment: CorrectionsLocation: Correctional Industries, SCI Mahanoy, 301 Morea Road, Frackville,

PA 17932Duration: 1 yearContact: MaryAnn Ulrich, (717) 731-7134

1312310 Breathing System, set-up, ready to operate. For a copy of bid package faxrequest to (717)787-0725.

Department: PA Emergency Management AgencyLocation: Lewistown, PADuration: FY 2000-01Contact: Vendor Services, (717) 787-2199

1357220 Latest Model Two Wheel Drive 8,500 lb GVWR Diesel Engine Utility BodyTruck. For a copy of bid package fax request to (717) 787-0725.


1388110 Hospital Beds. For a copy of bid package fax request to (717) 787-0725.Department: CorrectionsLocation: SCI, Laurel Highlands, Somerset, PADuration: FY 2000-01Contact: Vendor Services, (717) 787-2199

ADV 103 Indiana University of PA (IUP), Indiana, PA 15705 is seeking bids to furnishand deliver 43 each, Frost-Free Refrigerators, Color: White, Size: 14.4 cu ft for studentapartments in Campus Towers and to remove and dispose of 39 ea existingrefrigerators. Requests for a bid package should be made in writing, referencingAdvertisement # ADV 103 and directed to Patty Bash—Purchasing Agent, IUP, 650 S.13th St., PA 15705, Fax # (724) 357-2670, Phone (724) 357-3077; or e-mail:pabashgrove.iup.edu. Requests for a bid package will be accepted until 2-9-01. TheUniversity encourages responses from small and disadvantaged, minority, and women-owned firms.

Department: State System of Higher EducationLocation: Indiana University of Pennsylvania, Indiana, PA 15705Duration: N/AContact: Patricia Bash, (724) 357-3077

492 Handicap accessible kitchen cabinets .Department: Public WelfareLocation: White Haven Center, RR 2, Box 2195, White Haven, PA 18661Contact: Sandra A. Repak, PA, (570) 443-4232

SERVICES

B-13887/B-13900 VENDOR TO SUPPLY A VARIETY OF PESTICIDES FOR VEG-ETABLE AND FIELD CROPS FOR 2001 GROWING SEASON. LICENSE #701002

Department: CorrectionsLocation: SCI-GRATERFORD, OFF RT. 29, GRATERFORD, PA 19426Duration: ONE YEARContact: KELLY RICHARDSON, (610) 489-4151

DGSA952-99 PROJECT TITLE: Parking Lot and Playground Surfacing. BRIEFDESCRIPTION: Bituminous pavement overlay of parking lot and installation of arubber playground surface with associated landscaping. ESTIMATED RANGE: Under$100,000.00. Paving Construction. PLANS DEPOSIT: $25.00 per set payable to:COMMONWEALTH OF PA. Refundable upon return of plans and specifications inreusable condition as construction documents within 15 days after the bid openingdate. Bidder is responsible for the cost of delivery of the plans and specifications.Contact the office listed below to arrange for delivery of documents. A separate checkmust be submitted to cover the cost of delivery. Mail a separate check for $5.00 per setor provide your express mail account number to the office listed below. Mail requeststo: Department of General Services, Room 107 Headquarters Building, 18th and HerrStreets, Harrisburg, PA 17125. Tel: 717/787-3923. Bid Date: WEDNESDAY, February21, 2001 AT 2:00 P.M.

Department: General ServicesLocation: Labor and Industry Building, Harrisburg, Dauphin County, PADuration: 120 CALENDAR DAYS FROM DATE OF INITIAL JOB CONFER-

ENCEContact: Contract and Bidding Unit, (717) 787-6556

FDC-450-944 Design and Construction Work to rehabilitate an existing bridge alongthe Delaware Canal near Raubsville in Bucks County. Removal of steel I-beam andtimber superstructure; reinforced concrete bearing seats and wingwall caps; pre-stressed concrete box beams; reinforced concrete deck; masonry work; timber mountedrailing; excavating; backfilling; E & S measures; 230 L.F. of road work. NOTE:Requests for Bid Documents will be taken ON or AFTER February 12, 2001.

Department: Conservation and Natural ResourcesLocation: Lower & Upper Makefield TownshipsDuration: 365 daysContact: Construction Management Section, (717) 787-5055

906 STATE CONTRACTS INFORMATION


FDC-429-950 Construct Concrete Wall in Dam Spillway at Lackawanna State Park inLackawanna County. Work includes approximately 55 C.Y.’s of cast-in-place concrete,vertical and horizontal dowels, weepholes, grout injection, and trash rack. NOTE:Requests for Bid Documents will be taken ON or AFTER February 12, 2001.

Department: Conservation and Natural ResourcesLocation: North Abington TownshipDuration: 90 days or to December 31, 2001Contact: Construction Management Section, (717) 787-5055

K00062 (Rebid) Edinboro University is seeking bid for Project K00062; Van HoutenDining Hall HVAC Renovations. The project includes installation of new make-up airunits for kitchen hood system, including ductwork, dampers, balancing, controls,electrical work and ceiling restoration. Bids are due 2:00 p.m., March 13, 2001 in thePurchasing Office, 220 McNerney Hall. A pre-bid meeting is scheduled for February 15,2001, 2:00 p.m. in the South Dining Room, Van Houten Dining Hall. To obtain a bidpackage, contact Tom Anderson, phone (814) 732-2704, fax (814) 732-2281. Non-refundable cost of bid package is $35.00 (pick-up), $40.00 (mailed). MBE/WBE firmsare encouraged to respond.

Department: State System of Higher EducationLocation: Edinboro University of PennsylvaniaDuration: 180 calendar days from Notice to ProceedContact: Tom Anderson, Contract Specialist, (814) 732-2704

#00877003 Contractor to supply all labor, tools, excavation, equipment, buildingmaterials, and appurtenances to install new asphalt paving in parking lots atbuildings #1 and #5 at the Ebensburg Center.

Department: Public WelfareLocation: Ebensburg Center, DPW, Rt. 22 West, P. O. Box 600, Ebensburg, PA

15931Duration: All work under contract must be completed within within 120

calendar days from the effective date of the contract.Contact: Cora M. Davis, Purchasing Agent, (814) 472-0288

FC-050M Construction of a 40 ft. x 80 ft. steel pole storage building at the SouthwestRegional Law Enforcement Office, 236 Lake Road, Somerset, Somerset Township,Somerset County, PA.

Department: Fish and Boat CommissionLocation: 236 Lake Road, Somerset, PADuration: Work to be completed by June 30, 2001.Contact: Kathi Tibbott, Purchasing Agent, (814) 359-5131

DGS377-1SC1 PROJECT TITLE: Prefabricated Metal Buildings. BRIEF DESCRIP-TION: This Bid Package shall include all work associated with furnishing and erectingthree pre-engineered metal buildings excluding foundations, masonry walls, doors andwindows. The three buildings are Bldg. 14 (Warehouse), Bldg. 15 (Vehicle Mainte-nance) and Bldg. 6 (Prison Industries). ESTIMATED RANGE: $1,000,000.00 to$2,000,000.00. Prefabricated Metal Buildings. PLANS DEPOSIT: $200.00 per setpayable to OK/DMJM. Refundable upon return of plans and specifications in reusablecondition (no marks allowed) as construction documents within 15 days after the bidopening date. Bidder is responsible for the cost of delivery of the plans andspecifications. Contact the office listed below to arrange for delivery of documents. Aseparate check must be submitted to cover the cost of delivery. Mail a separate checkfor $40.00 per set or provide your express mail account number to the office listedbelow. Mail requests to: OK/DMJM, One Gateway Center, 13 West, Pittsburgh, PA15222., Attn: Tom Dirkes. Tel: 412/394-6888. Bid Date: WEDNESDAY, March 7, 2001at 11:00 A.M. A Pre-Bid Conference has been scheduled for Thursday, February 22,2001 at 9:00 A.M. at the M.A.C.A. Building located in Marienville, Forest County, PA.Contact: Tom Dirkes, Tel: 412/394-6888. All Contractors who have secured ContractDocuments are invited and urged to attend this Pre-Bid Conference.

Department: General ServicesLocation: Forest County SCI, Jenks Township, Forest County, PADuration: 270 CALENDAR DAYS FROM DATE OF INITIAL JOB CONFER-


DGS206-3PHASE4 PROJECT TITLE: Renovate and Expand Headquarters Building(Building Improvements). BRIEF DESCRIPTION: Interior and exterior buildingrenovations involving site work, general, HVAC, plumbing and electrical construction.Hazardous abatement work is required. ESTIMATED RANGE: $2,000,000.00 to$5,000,000.00. General, HVAC, Plumbing and Electrical Construction. PLANS DE-POSIT: $125.00 per set payable to: The Wolf Partnership, Architects. Refundable uponreturn of plans and specifications in reusable condition as construction documentswithin 15 days after the bid opening date. Bidder is responsible for the cost of deliveryof the plans and specifications. Contact the office listed below to arrange for delivery ofdocuments. A separate check must be submitted to cover the cost of delivery. Mail aseparate check or provide your express mail account number to the office listed below.Mail requests to: The Wolf Partnership, Architects, 701 Hamilton Mall, 2nd Floor,Allentown, PA 18101-2407, Tel: 610/432-4368. Bid Date: WEDNESDAY, March 7, 2001at 1:00 P.M. A Pre-Bid Conference has been scheduled for Wednesday, February 21,2001 at 10:00 A.M. at Troop �M� Headquarters, PA State Police in the ConferenceRoom, Bethlehem, PA. Contact: Paul Schmitz, Tel: 610/432-4368. All Contractors whohave secured Contract Documents are invited and urged to attend this Pre-BidConference.

Department: General ServicesLocation: Troop �M� Headquarters, PA State Police, Bethlehem, Lehigh County,

PADuration: 300 CALENDAR DAYS FROM DATE OF INITIAL JOB CONFER-


DGS377-1EX2 PROJECT TITLE: Roofing. BRIEF DESCRIPTION: This Bid Packageshall include furnishing and installing all roofs, rigid, rigid roof insulation, soffits,fascia, roof hatches and flashing on buildings. This contract does not include roofingfor the SC1.1 Pre-Engineered Metal Buildings Contract and the SC3.1 Staff ResidenceBuilding Contract. ESTIMATED RANGE: $2,000,000.00 to $5,000,000.00. RoofingConstruction. PLANS DEPOSIT: $200.00 per set payable to OK/DMJM. Refundableupon return of plans and specifications in reusable condition (no marks allowed) asconstruction documents within 15 days after the bid opening date. Bidder isresponsible for the cost of delivery of the plans and specifications. Contact the officelisted below to arrange for delivery of documents. A separate check must be submittedto cover the cost of delivery. Mail a separate check for $40.00 per set or provide yourexpress mail account number to the office listed below. Mail requests to: OK/DMJM,One Gateway Center, 13 West, Pittsburgh, PA 15222., Attn: Tom Dirkes. Tel:412/394-6888. Bid Date: WEDNESDAY, March 7, 2001 at 11:00 A.M. A Pre-BidConference has been scheduled for Thursday, February 22, 2001 at 11:00 A.M. at theM.A.C.A. Building located in Marienville, Forest County, PA. Contact: Tom Dirkes, Tel:412/394-6888. All Contractors who have secured Contract Documents are invited andurged to attend this Pre-Bid Conference.

Department: General ServicesLocation: Forest County SCI, Jenks Township, Forest County, PADuration: 390 CALENDAR DAYS FROM DATE OF INITIAL JOB CONFER-


DGSA251-433 PROJECT TITLE: Upgrade HVAC System: BRIEF DESCRIPTION:Remove existing heating and cooling systems and install new natural gas heating andHVAC systems. Install new electric panels and circuits for new heating and HVACsystems. ESTIMATED RANGE: $100,000.00 to $500,000.00. HVAC and ElectricalConstruction. PLANS DEPOSIT: $25.00 per set payable to: COMMONWEALTH OFPA. Refundable upon return of plans and specifications in reusable condition asconstruction documents within 15 days after the bid opening date. Bidder isresponsible for the cost of delivery of the plans and specifications. Contact the officelisted below to arrange for delivery of documents. A separate check must be submittedto cover the cost of delivery. Mail a separate check for $5.00 per set or provide yourexpress mail account number to the office listed below. Mail requests to: Department ofGeneral Services, Room 107 Headquarters Building, 18th and Herr Streets, Harris-burg, PA 17125. Tel: 717/787-3923. Bid Date: WEDNESDAY, February 28, 2001 at11:00 A.M.

Department: General ServicesLocation: PennDOT Maintenance Facility, Somerset, Somerset County, PADuration: 140 CALENDAR DAYS FROM DATE OF INITIAL JOB CONFER-


DGSA251-481 PROJECT TITLE: Replace Heating System. BRIEF DESCRIPTION:Remove asbestos containing pipe insulation. Remove the existing steam heatingsystem and a rooftop packaged cooling unit. Install new natural gas fired heatingequipment and a rooftop gas heat/electric cooling unit. Renovate an existing ductworksystem and install new electric circuits and panels for new heating and HVAC systems.ESTIMATED RANGE: $200,000.00 to $500,000.00. HVAC, Electrical and AsbestosAbatement Construction. PLANS DEPOSIT: $25.00 per set payable to: COMMON-WEALTH OF PA. Refundable upon return of plans and specifications in reusablecondition as construction documents within 15 days after the bid opening date. Bidderis responsible for the cost of delivery of the plans and specifications. Contact the officelisted below to arrange for delivery of documents. A separate check must be submittedto cover the cost of delivery. Mail a separate check for $5.00 per set or provide yourexpress mail account number to the office listed below. Mail requests to: Department ofGeneral Services, Room 107 Headquarters Building, 18th and Herr Streets, Harris-burg, PA 17125. Tel: 717/787-3923. Bid Date: WEDNESDAY, February 28, 2001 at11:00 A.M.

Department: General ServicesLocation: PennDOT Maintenance Facility, Mercer, Mercer County, PADuration: 140 CALENDAR DAYS FROM DATE OF INITIAL JOB CONFER-


6797-19CREBID PROJECT TITLE: Metal Panels & Louvers. The Sports & ExhibitionAuthority (�Owner�) will receive sealed bids for trade packages as identified below forAdditions and Renovations to the David L. Lawrence Convention Center (the �Project�).The Architect for the Project is Rafael Vinoly Architects, P.C., The ConstructionManager is Turner Construction Company, P.J. Dick Incorporated and ATS, Inc., a jointventure. APPROXIMATE VALUE: $6,000,000.00 TO $10,500,000.00. Bid Packages canbe examined and bids will be received by Owner at the field office of the ConstructionManager located at 951 Penn Avenue, (Basement level) Pittsburgh, PA 15222. BidDate: TUESDAY, February 13, 2001 at 2:00 P.M. A Non-Mandatory Pre-Bid Meetingwill be held on Thursday, February 1, 2001 at 2:00 P.M. at TPA Construction Office,951 Penn Ave. (basement level), Pittsburgh, PA. Contact: Ralph Shipe, Tel: 412/227-2010. Inquires regarding the bidding should be made to the Construction Manager atits field office located at 951 Penn Avenue, Pittsburgh, PA. 15222, Attn: Ralph Shipe,Tel: 412/227-2010. FAX No: 412/227-2015. Bid Packages may be obtained throughAccu-Copy 412/281-0799. Determination of Responsibility. Bids will be awarded tobidders determined to be �responsible� by the Owner based upon criteria applicable tothe particular Bid Package. Bidders must complete and submit a Determination ofResponsibility (�DOR�) with the bid.

Department: General ServicesLocation: 951 Penn Avenue (basement level), Pittsburgh, PA 15222Contact: Ralph Shipe, (412) 227-2010



6797-50REBID PROJECT TITLE: Fire Protection. The Sports & Exhibition Authority(�Owner�) will receive sealed bids for trade packages as identified below for Additionsand Renovations to the David L. Lawrence Convention Center (the �Project�). TheArchitect for the Project is Rafael Vinoly Architects, P.C., The Construction Manager isTurner Construction Company, P.J. Dick Incorporated and ATS, Inc., a joint venture.APPROXIMATE VALUE: $2,000,000.00 TO $5,000,000.00. Bid Packages can beexamined and bids will be received by Owner at the field office of the ConstructionManager located at 951 Penn Avenue, (Basement level) Pittsburgh, PA 15222. BidDate: TUESDAY, February 6, 2001 at 2:00 P.M. Inquires regarding the bidding shouldbe made to the Construction Manager at its field office located at 951 Penn Avenue,Pittsburgh, PA. 15222, Attn: Ralph Shipe, Tel: 412/227-2010. FAX No: 412/227-2015.Bid Packages may be obtained through Accu-Copy 412/281-0799. Determination ofResponsibility. Bids will be awarded to bidders determined to be �responsible� by theOwner based upon criteria applicable to the particular Bid Package. Bidders mustcomplete and submit a Determination of Responsibility (�DOR�) with the bid.

Department: General ServicesLocation: 951 Penn Avenue (basement level), Pittsburgh, PA 15222Contact: Ralph Shipe, (412) 227-2010

DGS574-24REVISEDREBID PROJECT TITLE: Construction of Up to 96 AdditionalHigh Security Cells for the Restricted Housing Facility. BRIEF DESCRIPTION:Construction of a new 2-story women’s restricted housing unit to provide up to 96additional high security cells. Building construction work consists of sitework, concretefootings/slabs, precast concrete and structural steel framing, masonry walls, membraneroofing, windows, metal stud partitions, interior finishes and security hardwareincludes HVAC, plumbing, fire protection and electrical systems. ESTIMATEDRANGE: $5,000,000.00 to $10,000,000.00. General, HVAC, Plumbing and ElectricalConstruction. PLANS DEPOSIT: $175.00 per set payable to: HLM DESIGN OF THENORTHEAST ARCHITECTURE, ENGINEERING AND PLANNING. Refundable uponreturn of plans and specifications in reusable condition as construction documentswithin 15 days after the bid opening date. Bidder is responsible for the cost of deliveryof the plans and specifications. Contact the office listed below to arrange for delivery ofdocuments. A separate check must be submitted to cover the cost of delivery. Mail aseparate check or provide your express mail account number to the office listed below.Mail requests to: HLM Design of the Northeast Architecture, Engineering andPlanning, One Commerce Square, 2005 Market Street, Suite 610, Philadelphia, PA19103, Tel: 215/564-9977. Bid Date: WEDNESDAY, March 7, 2001 at 2:00 P.M.

Department: General ServicesLocation: State Correctional Institution, Muncy, Lycoming County, PADuration: 300 CALENDAR DAYS FROM DATE OF INITIAL JOB CONFER-


401-BL-621.1 Re-insulation of South Breeching—Provide all labor, equipment andmaterial necessary to remove existing roof breeching insulation and replace with newmineral wool and enclosure of aluminum jacket. In addition remove and replace thefront, rear, left and right masonry walls of the E. Keeler, Typer CP-300 Boiler # 4 andthe Detrick Arch located in the university heating plant. Bid documents will beavailable shortly and will contain all prebid and bidding information—to obtain a copyof the bid documents submit a non-refundable $40.00 deposit to Bloomsburg Univer-sity, Waller Building, Room 38, Bloomsburg, Pa. 17815—Telephone (570) 389-4311.

Department: State System of Higher EducationLocation: BloomsburgDuration: 60 daysContact: Joseph C. Quinn, (570) 380-4311

DGSA953-51 PROJECT TITLE: Restoration of Brown Sandstone Wall Surfaces.BRIEF DESCRIPTION: Work consists of cleaning, restoring and repointing sandstonewalls. Perform masonry restoration cleaning, repair and repoint existing sandstonewalls. ESTIMATED RANGE: Under $100,000.00. General Construction. PLANSDEPOSIT: $25.00 per set payable to: COMMONWEALTH OF PA. Refundable uponreturn of plans and specifications in reusable condition as construction documentswithin 15 days after the bid opening date. Bidder is responsible for the cost of deliveryof the plans and specifications. Contact the office listed below to arrange for delivery ofdocuments. A separate check must be submitted to cover the cost of delivery. Mail aseparate check for $5.00 per set or provide your express mail account number to theoffice listed below. Mail requests to: Department of General Service, Room 107Headquarters Building, 18th and Herr Streets, Harrisburg, PA 17125. Tel: 717/787-3923. Bid Date: WEDNESDAY, February 21, 2001 at 2:00 P.M. A Contractor’squalification form is included in the bid package and must be completed and submittedprior to award. The contractor must demonstrate the qualifications and experience ofkey full-time personnel, gained within the last ten (10) years, in masonry repointingand restoration cleaning.

Department: General ServicesLocation: Northwest Office Building, Harrisburg, Dauphin County, PADuration: 90 CALENDAR DAYS FROM DATE OF INITIAL JOB CONFER-


031954 Demolition and removal of dwellings and commercial buildings. Each parcelmay be bid separately. These buildings are located in the Borough of Towanda andNorth Towanda Township, Bradford County.

Department: TransportationLocation: Borough of Towanda and North Towanda TownshipDuration: Thirty (30) daysContact: Joel K. Hart, (570) 368-4237

031959 Demolition and removal of a dwelling and out buildings. The buildings arelocated in Lower Mahanoy Township, Northumberland County.

Department: TransportationLocation: Along S. R. 225 in Lower Mahanoy Township, Northumberland

County.Duration: Thirty (30) daysContact: Joel K. Hart, (570) 368-4237

A-12 PHEAA seeks qualified vendors to perform student loan default collectionservices. A Request for Proposal (RFP) will be distributed to those vendors who cansuccessfully satisfy the minimum pre-qualification requirements. Effective February 9,2001 interested vendors may obtain a Pre-qualification Document by accessing thePHEAA web site at www.pheaa.org. Upon accessing the site, open �About PHEAA� andselect �Doing Business with PHEAA�. Specific bid information and instructions will beavailable via a link on that page. All Pre-qualification Documents must be received inthe PHEAA Purchasing Office, Room 206, 1200 N 7th Street, Harrisburg, PA no laterthan 3:00 p.m. on Monday, February 26, 2001. Questions regarding this ad may bedirected to the PHEAA Purchasing Office at (717) 720-2702.

Department: PHEAALocation: PA HIGHER EDUCATION ASSISTANCE AGENCY, 1200 North

Seventh Street, Harrisburg, PA 17102Contact: Donna Orris, (717) 720-2702

IFB No. 01-I-001 The Department of State has a need in the State AthleticCommission to provide insurance to participants in events under the jurisdiction of theDepartment of State’s Athletic Commission.

Department: StateLocation: 116 Pine Street, 2nd Floor, Harrisburg, PA 17101Duration: 3 yearsContact: Judith Holjes, (717) 787-3945

#040201 Vendors to supply perishable foods to the Youth Development Center in NewCastle for the quarter—April, May, June, 2001. Categories include: Shell eggs; FreshBread, Rolls, & related products; Fresh Pastries; Fresh Pies & Cakes; Fresh Fruits &Vegetables; Fresh Prepared Fruits & Vegetables; Frozen Fruits & Vegetables; IceCream & Ice Cream Products; Fresh Cheese & Dairy Products; Fresh Meats;Miscellaneous Prepared Foods; Fresh Poultry; and Fresh Fish.

Department: Public WelfareLocation: Youth Development Center, RR 6, Box 21A, Frew Mill Road, New

Castle, PA 16101Duration: April, May, June 2001Contact: Kathy Zeigler, (724) 656-7308



00700-018-00-AS-1 Decontamination of Feed Mill at the Landis Valley Museum,Lancaster, PA, Lancaster County. Scope includes removal of raccoon fecal matter frombarn. A Mandatory pre-bid meeting & sign-in will be held on February 27, 2001 at 2:00pm at Lanis Valley Museum, Lancaster, PA for all firms interested in submitting bidsfor the project. For directions contact the Project Manager, Kent Steinbrunner at (717)783-9931. All interested bidders should submit a $25.00 (non-refundable & madepayable to PHMC) check and a request for a bid package in writing to: PA. Historical& Museum Commission, Division of Architecture, Room N118, Plaza Level, 400 NorthStreet, Harrisburg, PA 17120-0053 —-ATTENTION: Judi Yingling (717) 772-2401. Allproposals are due on Thursday, March 15, 2000 at 11:45 am. Bid opening will be heldin The Commonwealth Keystone Building, Division of Architecture, Room N118, PlazaLevel, 400 North Street, Harrisburg, PA 17120-0053.

Department: Historical and Museum CommissionLocation: Landis Valley Museum, 2451 Kissel Hill Road, Lancaster, PA 17601Duration: April 1, 2001 to October 31, 2001Contact: Judi Yingling, (717) 772-2401

SP1117500019 Contractor to provide regular preventive maintenance service forCleveland Boiler Room Control and provide emergency service on an �as-needed� basis.Equipment includes Cleveland Controls, central instrumentation and combustioncontrol consoles. Interested bidders should contact the Purchasing Department, inwriting to request a bid package or by fax at (814) 946-7339.

Department: CorrectionsLocation: State Correctional Institution at Smithfield, P. O. Box 999, 1120 Pike

Street, Huntingdon, PA 16652Duration: July 1, 2001 through June 30, 2004Contact: Peggy A. Chilcote, Purchasing Agent, (814) 643-6520

CL-535 HVAC Improvements, Gemmell Clarion University of Pennsylvania issoliciting bid for improvement of the outdoor intake at Gemmell Student Complex.Work includes removal and replacement of specific outside air intakes on roof andceiling unit ventilator, replacement of one air handling unit, extension of JohnsonControl Metasys system to serve new equipment and furnishing and installing allcontrol equipment. Pre-bid meeting: 10 A.M., February 21, 2001 in McEntire Mainte-nance Building. Bids due: 2:00 P.M., March 6, 2001. Bid packages available fromcontact person upon receipt of $20, nonrefundable, check made payable to theUniversity.

Department: State System of Higher EducationLocation: Clarion University, Clarion, PADuration: 120 days from Notice to ProceedContact: Judy McAninch, Contract Specialist, (814) 393-2240

KUFR-0001 (Revised) KURF-0001 (Revised): Kutztown University is seeking quali-fied General, Mechanical, Plumbing and Electrical contractors for a Unit PriceContract who are able to perform maintenance and repairs to the Building EquipmentSystems and Utility Systems at Kutztown University, Office of Planning and Construc-tion, P. O. Box 730, Kutztown, PA 19530, phone (610) 683-4602. Proposal packages areavailable February 5, 2001 through pre-Proposal. A pre-proposal meeting has beenscheduled for Thursday, February 15, 2001 at 10:00am in Room OM-26, Old MainBuilding. Proposals will be received March 5, 2001 no later than 2:00pm in Room 229,Office of Planning and Construction. Non-Discrimination and Equal Opportunity arethe policies of the Commonwealth and the State System of Higher Education.

Department: State System of Higher EducationLocation: Kutztown University, Kutztown, PA 19530Duration: 365 days from NTP with up to 4 renewalsContact: Barbara Barish, (610) 683-4602

050-328 Provide electrical repair service at Roadside rests along I-80 in MonroeCounty. Sites F & 41

Department: TransportationLocation: Roadside Rests Site 41 and F along I-80 in Monroe CountyDuration: Two (2) year contrcat with three 1 year renewalsContact: Tim Kaercher, (610) 798-4189

050-329 Provide plumbing service at roadside rests along I-80 in Monroe County. Sitesidentified by Site 41 & F

Department: TransportationLocation: Roadside rest along I-80 Monroe County, Sites f & 41Duration: Two (2) year contract with three 1 year renewalsContact: Tim Kaercher, (610) 798-4189

Bid #8260 Furnish all labor, materials and equipment to perform janitorial servicesTHREE (3) visits per week, including damp mop tile floors, sweep floors, vacuumcarpets, dust furniture, general housecleaning twice a year and shampoo carpets at thePA State Police, Bethlehem Crime Lab & DNA Lab. Detailed Work Schedule & Bidmust be obtained from Facility Management Division, 717-783-5484.

Department: State PoliceLocation: Bethlehem Regional Laboratory, 2932 Airport Road, Bethlehem, PA

18107-2106Duration: 7/1/01 to 6/30/04Contact:Donna Enders, (717) 783-5484

BOOT-2000 The Pennsylvania Emergency Management Agency plans to conduct the2001 Pennsylvania Conference on Emergency Management on June 17, 18, 19 and 20,2001. Facilities needed will be: up to 250 single lodging rooms; meals for up to 400persons; conference facilities; including a large meeting room for plenary sessions (400persons) and up to ten additional breakout rooms (150 persons each); and approxi-mately 4000 sq. ft. of indoor and 6000 sq. ft. of outdoor display space. PEMA willaward the contract based on lowest price after review of the facility. The acceptablelocations will be the county of Lancaster, Dauphin, York or Lebanon. To receive a bidpackage please contact the Fiscal Management at (717) 651-2189 or send an email [email protected] referencing BOOT-2000 and having the following information:contact person; hotel name; address; phone and fax number; and federal identificationnumber.

Department: PA Emergency Management AgencyLocation: The acceptable locations will be the county of Lancaster, Dauphin,

York or Lebanon.Duration: Ending June 30, 2001Contact: Amy Schaeffer, (717) 651-2189

SP3500015537 Provide lodging, meeting rooms and meals for a two (2)-day meetingfor approximately 300 attendees for the Department of Environmental Protection,Bureau of Program Integration and Effectiveness’ meeting of eFACTS Users.

Department: Environmental ProtectionLocation: Within a twenty-five (25) mile radius of the Capitol Complex,

downtown Harrisburg, PennsylvaniaDuration: through 10/31/01Contact: Sharon Peterson, (717) 787-2471



SP-1102000003 The Contractor shall provide Dental Laboratory Services for inmatesdental prothesis requirements as prescribed by the institutional dentist at the StateCorrectional Institution at Cresson. Bid prices will be from vendor’s fee schedule whichbecomes part of bid proposal. Vendor to supply postage paid labels to InstitutionalDental Clinic. Bid requirements on file in agency purchasing department.

Department: CorrectionsLocation: State Correctional Institution at Cresson, P. O. Box A, Old Route 22,

Cresson, PA 16630Duration: July 1, 2001—June 30, 2003 (two fiscal years)Contact: Barbara A. Lloyd, Pur. Agent, (814) 886-8181

LBP-2000-44 Vendor to provide ambulance service for local and long distancetransports. For detailed specifications, please send fax request to (570) 961-4400.

Department: Military AffairsLocation: Northeastern Veterans’ Center, 401 Penn Avenue, Scranton, PA

18503-1213Duration: July 1, 2001 through June 30, 2003 with renewal option.Contact: Barbara Partyka, PA-1, (570) 961-4354

PSERS-HOP The Public School Employees’ Retirement System (PSERS) is solicitingfor a vendor to provide Prescription Benefit Manager Services for PSERS HealthOptions Program. PSERS is looking for a firm or organization to fully insure andprovide combined mail-service pharmacy and retail pharmacy network prescription;provide a pharmacy network prescription drug card benefit program and maintain acustomer service unit with a PSERS-dedicated toll free telephone access for its HealthOptions Program. Program effective date January 1, 2002 thru December 31, 2004.Contact agency for complete specifications and bid package.

Department: Public School Employees’ Retirement SystemLocation: 5 North 5th Street, Harrisburg, PA 17101Contact: Rebecca A. Snead, (717) 720-4607

552858 Contractor to provide ALS and/or BLS ambulance service for Warren StateHospital patients.

Department: Public WelfareLocation: Warren State Hospital, 33 Main Dr., N. Warren, PA 16365-5099Duration: 07/01/01—06/30/04Contact: Ms. Bobbie Muntz, PA III, (814) 726-4496

00701-000-00-AS-1 Exterior Painting and miscellaneous carpentry repairs to variousbuildings at the Ephrata Cloister, Ephrata, PA., Lancaster County. A MandatoryPre-bid meeting will be held on February 27, 2001 at 9:00 am at the Ephrata Cloister,Ephrata, PA for all firms interested in submitting bids for the project. For directionscontact the Project Manager, Kent Steinbrunner at (717) 783-9931 or the site at717-733-6600. All interested bidders should submit a $25.00 (non-refundable) checkand a request for a bid package in writing to: PA. Historical & Museum Commission,Division of Architecture, Room N118, Plaza Level, 400 North Street, Harrisburg, PA17120-0053 —-ATTENTION: Judi Yingling (717) 772-2401. All proposals are due onThursday, March 15, 2001 at 11:45 am. Bid opening will be held in The Common-wealth Keystone Building, Division of Architecture, Room N118, Plaza Level, 400North Street, Harrisburg, PA 17120-0053 .

Department: Historical and Museum CommissionLocation: Ephrata Cloister, 632 West Main Street, Ephrata, PA 17522Duration: April 1, 2001 to October 31, 2001Contact: Judi Yingling, (717) 772-2401

080S65 This contract is to provide mowing, general maintenance, spring & fallcleanup, fertilizer, leaf raking/shredding and fall lime at PennDOT EngineeringDistrict 8-0’s Roadside Rest Area/Welcome Center, Site G, Franklin County, I-81 NB, 1mile North of PA-MD State Line. Bid packages can be requested via Fax, 717-772-0975, or by telephone at 717-787-6408. All requests must include Contractor’s(company) name, address, phone number, FAX number (if available) and contactperson.

Department: TransportationLocation: Rest Area/Welcome Center, Site G I-81 NB, 1 Mile North of PA-MD

State Line, Franklin Co., Antrim Twp.Duration: One (1) year period for a total of four (4) such renewalsContact: Jackie Koons-Felion, (717) 787-6408

00671-000-00-AS-1 Project Name: Electrical Repairs: Various Buildings Description:Project involves replacement of electrical panels in approximately nine (9) locationsthrough out the historic site. A new service to one building with sub-feeds to twoothers is also anticipated. A Pre-bid will be held at Old Economy Village, Ambridge,PA, Beaver County on February 14, 2001 at 9:00 am for all interested contractors. Fordirections, contact the site at 724-266-4500 or the project manager, Ted Strosser at717-772-4992. All interested bidders should submit a $25.00 (non-refundable) check(made out to PHMC) and a request for a bid package in writing to: PA. Historical &Museum Commission, Division of Architecture, Room N118, Plaza Level, 400 NorthStreet, Harrisburg, PA 17120-0053 — ATTENTION: Judi Yingling (717) 772-2401 orFAX to (717) 214-2988. All proposals are due on Wednesday, March 7, 2001 at 11:45am. Bid opening will be held in The Commonwealth Keystone Building, Division ofArchitecture, Plaza Level, Room N118, 400 North Street, Harrisburg, PA 17120-0053.

Department: Historical and Museum CommissionLocation: Old Economy Village, 14th & Church Streets, Ambridge, PA 15003Duration: March 1, 2001 to October 31, 2001Contact: Judi Yingling, (717) 772-2401

00701-009-00-AS-2 Roof Replacement—Candle Shop/Print Shop at the Ephrata Clois-ter, Ephrata, PA., Lancaster County. Scope: Remove existing and replace wood shingleroof to include flashing, gutters and downspouts. A Mandatory Pre-bid meeting will beheld on February 27, 2001 at 11:00 am at the Ephrata Cloister, Ephrata, PA for allfirms interested in submitting bids for the project. For directions contact the ProjectManager, Kent Steinbrunner at (717) 783-9931 or the site at 717-733-6600. Allinterested bidders should submit a $25.00 (non-refundable) check and a request for abid package in writing to: PA. Historical & Museum Commission, Division ofArchitecture, Room N118, Plaza Level, 400 North Street, Harrisburg, PA 17120-0053—-ATTENTION: Judi Yingling (717) 772-2401. All proposals are due on Thursday,March 15, 2001 at 11:45 am. Bid opening will be held in The Commonwealth KeystoneBuilding, Division of Architecture, Room N118, Plaza Level, 400 North Street,Harrisburg, PA 17120-0053 .

Department: Historical and Museum CommissionLocation: Ephrata Cloister, 632 West Main Street, Ephrata, PA 17522Duration: April 1, 2001 to October 31, 2001Contact: Judi Yingling, (717) 772-2401

045033 Mowing of select state routes in Susquehanna County.Department: TransportationLocation: PennDOT, District 4-5, RR 1, Box 40, Montrose, PA 18801Duration: Multi-year with possibility of renewalContact: Dave Maciak, (570) 278-1171

047033 Mowing of select state routes in Wyoming county.Department: TransportationLocation: PennDOT, District 4-7, 1 Franklin Ave., Tunkhannock, PA 18657Duration: Multi-year with possibility of renewalContact: Dave Maciak, (570) 836-3141

SP382100005 Services required for concrete deck replacement at Frances SlocumState Park Swimming Pool. To include some ADA improvements.

Department: Conservation and Natural ResourcesLocation: Frances Slocum State ParkDuration: Contract must be completed by May 19th, 2001Contact: Sandra Lewis, (215) 453-5030

93172 LEASE SPACE TO THE COMMONWEALTH OF PA Proposals are invited toprovide the Department of Health with 1,868 useable square feet of office/clinic spacein Coudersport, Potter County, PA. with minimum parking for 5 vehicles. In areaswhere street or public parking is not available, an additional 10 parking spaces arerequired. Downtown locations will be considered. For more information on SFP #93172which is due on March 26, 2001 visit www.dgs.state.pa.us or call 717-787-4394.

Department: HealthLocation: Room 505, North Office Building, Harrisburg, Pa. 17125Contact: John Hocker, (717) 787-4396



SO-231 The State Correctional Institution at Somerset will be bidding a contract forrepairs and repair parts for the Centauris/Computer Power Uninterruptible Emer-gency Power System at the Institution. The anticipated contract will be for a threeyear period. Interested vendors should request a bid package by contacting theinstitution directly.

Department: CorrectionsLocation: State Correctional Institution at Somerset, 1590 Walters Mill Road,

Somerset, PA 15510-0001Duration: 7/01/01 through 6/30/04Contact: Theresa Solarczyk, Purchasing Agent II, (814) 443-8100 X311

SP-1102000004 The Contractor shall provide Garbage Removal Services for the StateCorrectional Institution at Cresson. Services listed is an estimation and may beincreased/decreased depending on institutional requirements. Bi-weekly pickups forone (1) each thirty (30) cubic yard compactor dumpster (Tuesday and Friday are daysanticipated), and bi-weekly pickups for two (2) each six (6) cubic yard dumpsters (to beprovided by vendor). Contractor shall also provide removal services for one (1) eachthirty (30) cubic yard construction dumpster as needed. Anticipated of 10 pulls pereach bid period. (This dumpster will be provided by vendor). Compactor is institutionalowned. Dumpsters are to be provided by awarded vendor. Dumpsters to be air tightand have lids. Bid price will be per pick up/per day for each dumpster and unitcompactor. Bid price for construction dumpter per pickup when needed. Turnaroundtime for unit compactor shall be three hours (pickup up 9:00 am— 12:00 Noon).Contractor must also have accommodation to thaw dumpsters in the event of freeze updue to inclement weather conditions. Pickup time for compactor/dumpsters shall be9:00 am on days specified. Bid requirements on file in agency purchasing department.

Department: CorrectionsLocation: State Correctional Institution at Cresson, P. O. Box A, Old Route 22,

Cresson, PA 16630Duration: July 1, 2001—June 30, 2003 (two fiscal years)Contact: Barbara A. Lloyd, Pur. Agent, (814) 886-8181

1000-15318 Hand Geometry ReadersDepartment: CorrectionsLocation: SCI-Graterford, P. O. Box 246, RTE 29, Graterford, Pa. 19426tion:Contact: Russ Ilgenfritz / Beth Procopio, (717) 975-4988

012-9006-10 PennSERVE announces the availability of grant funding for operation ofAmeriCorps Education Awards program for eligible Pennsylvania non-profit organiza-tions. The program seeks to broaden the network of Pennsylvania’s national serviceprograms and to increase the number of communities using AmeriCorps members tobetter meet their education, public safety, environmental, and other human needs.Applicants may request up to $400 per full-time member (pro-rated for part-timemembers) to defray a minor portion of program management costs. Education awardswill be paid to Americorps members who successfully complete service. Applicationsare due by 4:00 PM, Thursday, April 12, 2001. Requests for applications can be madeby phone: 717-787-1971; by fax: 717-705-4215; or by e-mail: [email protected].

Department: Labor and IndustryLocation: PennSERVE: The Governor’s Office of Citizen Service, 1306 Labor &

Industry Bldg., 7th and Forster Streets, Harrisburg, PA 17120Duration: 1 year upon awardContact: Harry Krot, (717) 772-4425

012-9006-09 PennSERVE announces the availability of grant funding for operation ofAmeriCorps national service programs by nonprofit organizations, government agen-cies and educational institutions. A cash match is required based on funding levels.Priority areas are education, public safety, environment, and human needs. Applicationdeadline is 4:00 pm on April 12, 2001. Applications are available by contactingPennSERVE by phone at 717-787-1971 or by fax at 717-705-4215 or by email [email protected].

Department: Labor and IndustryLocation: PennSERVE: The Governor’s Office of Citizen Service, 1306 Labor &

Industry Bldg., 7th and Forster Streets, Harrisburg, PA 17120Duration: 1 year upon awardContact: Renee Johnson, (717) 787-1971

PGC-2680 Agency is seeking contractor to build and plant approximately 31 acres ofherbaceous openings on State Game Lands #044, Elk County, Pennsylvania. Workinvolves clearing stumps, roots, slash and small trees; planting clovers, birdsfoot,Orchard grass, and Timothy; and mulching with hay or straw. Maps and specificationsare included in bid package which may be obtained through agency. Tours forinterested contractors can be scheduled through Land Manager, Mr. John Dzemyan.

Department: Game CommissionLocation: Pennsylvania Game Commission Automotive and Procurement Divi-

sion, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797Duration: Upon award through July 31, 2001Contact: Diane Shultz or Linda Beaver, (717) 787-6594

01500003 The purpose of this notice is to provide prior public notice of the Departmentof Public Welfare’s (the Department) intent to develop a list of qualified BehavioralHealth Managed Care Organizations (BH-MCO) as potential contractors for the HealthChoices Behavioral Health Program. The development of this List is the first in atwo-step process for obtaining a Behavioral Health contractor should the need arise.Health Choices is a mandatory Managed Care program for Medicaid recipients inPennsylvania. Additional information about the HealthChoices Behavioral Healthprogram is available at the following website: www.dpw.state.pa.us/omap/dpwomap.aspPlease see Executive Agency DPW Notice in the PA Bulletin for further information.

Department: Public WelfareLocation: Office of Mental Health and Substance Abuse, Room 247, Beechmont

Building, P. O. Box 2675, Harrisburg, PA 17105Duration: N/AContact: Ray Klabe, (717) 772-7984

2500—Funeral Services Contractor to provide basic professional funeral services toinclude removal of remains from Institution or local hospital, securing necessarypermits, minimum casket and grave site including opening and closing. Contractorshall cremate all remains.

Department: CorrectionsLocation: State Correctional Institution, 1000 Follies Road, Dallas, PA 18612Duration: 3 years July 1, 2001 to June 30, 2004Contact: Stephen Kaminski, (570) 675 1101 ext. 294

PGC-2679 Agency is seeking a contractor to furnish and install three-strand electricstreambank fencing on multiple, individual private farms located in northwesternWarren, eastern Erie, and central Lawrence Counties. Our goal is to have this workcompleted by June 30, 2001. Contractor will be required to furnish and install fenceaccording to agency specifications and standards, which are delineated in the bidpackage. No minimum amount of fence construction is implied or guaranteed, however,the fencing of three multiple farm project sites is anticipated. Invoices will be honoredupon completion of each site and approval of agency personnel.

Department: Game CommissionLocation: Pennsylvania Game Commission, Automotive and Procurement Divi-

sion, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797Duration: Upon award through June 30, 2001.Contact: Diane Shultz or Linda Beaver, (717) 787-6594



10873012 MAINTENANCE ON COMMUNICATION SYSTEM EQUIPMENT: To per-form maintenance service on radio base station, remote control, hand held radios, carcharging unit, and car radios, as needed by the institution, on an as needed basis.Contractor must pick up unit(s) to be repaired within 24 hours after notification andmust have repaired unit(s) back at Harrisburg State Hospital within 72 hours afterpick-up. Frequency checks on equipment to be made annually.

Department: Public WelfareLocation: Harrisburg State Hospital, Cameron & Maclay Streets, Harrisburg,

PA 17106-1260Duration: The term of this contracty is anticipated to be begin July 1, 2001

through June 30, 2004.Contact: Jack W. Heinze, Puchasing Agent III, (717) 772-7435

SP 16 1 0391 258 THE SCRANTON STATAE SCHOOL FOR THE DEAF ISSEEKING PART TIME ON CALL SIGN LANGUAGE INTERPRETERS/TRANSLITERATORS. CERTIFICATION IS REQUIRED IN ACCORDANCE TO MAN-AGEMENT DIRECTIVE 205.32. THE CONTRACT IS FOR FOUR ONE YEARTERMS. DO NOT CALL FOR INFORMATION. ALL INFORMATION IS IN THE BID.FAX YOUR NAME, ADDRESS AND FAX NUMBER TO 570-963-4544 FOR THEPROCEDURE IN OBTAIANING SEALED BID PACKAGE NUMBER SP 16 1 0391258.

Department: EducationLocation: SCRANTON STATE SCHOOL FOR THE DEAF, DEPARTMENT OF

EDUCATION, 1800 NORTH WASHINGTON AVENUE, SCRANTON,PA 18509-1799

Contact: MERRILL MAYENSCHEIN, FAX 570-963-4544

1101200009 Contractor to provide removal and replacement of failed glass throughoutinstitution. All units are insulated and either 9/16 glass clad polycarbonate or 7/16glass clad polycarbonate.

Department: CorrectionsLocation: State Correctional Institution at Albion, 10745 Rt 18, Albion, Pa.

16475-0001Duration: One time service/repairContact: Lesley S. Jarrett, Purchasing Agent II, (814) 756-5778

132-00 Supply and Install Razor Wire. Installation to be on 1,025 lineal feet of walland fence surface located in the courtyard areas of building 51, a forensic unit.

Department: Public WelfareLocation: Norristown State Hospital, 1001 Sterigere Street, Norristown, PA

19401Duration: Within 90 days of receiving purchase order.Contact: Sue Brown, Purchasing Agent, (610) 313-1026

2500—Radio Maintenance Contractor to provide radio maintenance coverage to theState Correctional Institution at Dallas for all base stations, mobiles and walkie-talkies including removals and installs.

Department: CorrectionsLocation: State Correctional Institution, 1000 Follies Road, Dallas, PA 18612Duration: 3 years July 1, 2001 to June 30, 2004Contact: Stephen Kaminski, (570) 675 1101 ext. 294




DESCRIPTION OF LEGEND

1 Advertising, Public Relations, PromotionalMaterials

2 Agricultural Services, Livestock, Equipment,Supplies & Repairs: Farming EquipmentRental & Repair, Crop Harvesting & Dusting,Animal Feed, etc.

3 Auctioneer Services4 Audio/Video, Telecommunications Services,

Equipment Rental & Repair5 Barber/Cosmetology Services & Equipment6 Cartography Services7 Child Care8 Computer Related Services & Equipment

Repair: Equipment Rental/Lease,Programming, Data Entry, Payroll Services,Consulting

9 Construction & Construction Maintenance:Buildings, Highways, Roads, Asphalt Paving,Bridges, Culverts, Welding, Resurfacing, etc.

10 Court Reporting & Stenography Services11 Demolition—Structural Only12 Drafting & Design Services13 Elevator Maintenance14 Engineering Services & Consultation:

Geologic, Civil, Mechanical, Electrical, Solar& Surveying

15 Environmental Maintenance Services: WellDrilling, Mine Reclamation, Core &Exploratory Drilling, Stream RehabilitationProjects and Installation Services

16 Extermination Services17 Financial & Insurance Consulting & Services18 Firefighting Services19 Food20 Fuel Related Services, Equipment &

Maintenance to Include Weighing StationEquipment, Underground & Above StorageTanks

21 Hazardous Material Services: Abatement,Disposal, Removal, Transportation &Consultation

22 Heating, Ventilation, Air Conditioning,Electrical, Plumbing, Refrigeration Services,Equipment Rental & Repair

23 Janitorial Services & Supply Rental: Interior24 Laboratory Services, Maintenance &

Consulting25 Laundry/Dry Cleaning & Linen/Uniform

Rental26 Legal Services & Consultation27 Lodging/Meeting Facilities28 Mailing Services29 Medical Services, Equipment Rental and

Repairs & Consultation30 Moving Services31 Personnel, Temporary32 Photography Services (includes aerial)33 Property Maintenance &

Renovation—Interior & Exterior: Painting,Restoration, Carpentry Services, SnowRemoval, General Landscaping (Mowing, TreePruning & Planting, etc.)

34 Railroad/Airline Related Services, Equipment& Repair

35 Real Estate Services—Appraisals & Rentals36 Sanitation—Non-Hazardous Removal,

Disposal & Transportation (IncludesChemical Toilets)

37 Security Services & Equipment—ArmedGuards, Investigative Services & SecuritySystems

38 Vehicle, Heavy Equipment & PoweredMachinery Services, Maintenance, Rental,Repair & Renovation (Includes ADAImprovements)

39 Miscellaneous: This category is intended forlisting all bids, announcements not applicableto the above categories

GARY E. CROWELL,Secretary



Contract Awards

The following awards have been made by the Depart-ment of General Services, Bureau of Purchases:

Requisitionor

Contract No.

PRAwardDate or

ContractEffective

Date ToIn the

Amount Of1233350-01 1/29/01 Weisenbach

SpecialtyPrinting

46,470.00

1260210-01 1/29/01 Klingensmith 30,349.001267110-01 1/29/01 Starr Uni-

form58,942.00

1274110-01 1/29/01 PascoBrookerage

40,650.00

1288350-01 1/29/01 Cosa Instru-ment Corp.

217,295.82

Requisitionor

Contract No.

PRAwardDate or

ContractEffective

Date ToIn the

Amount Of1291150-01 1/29/01 A L Moul En-

terprises19,750.00

8247120-01 1/29/01 ProtectionServices

17,500.00

0057-08 1/25/01 AdvancedCommuni-cations

160,526.04

0064-04 1/25/01 HugginsPrintingCo.

165,016.20

GARY E. CROWELL,Secretary




February 10, 2001 (Pages 773-914) - Villanova University ...

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Transcript of February 10, 2001 (Pages 773-914) - Villanova University ...